R. M. LODHA, J.

( 1 ) THIS appeal raises an issue of some importance. The issue is whether the power exercisable under Section 9{ii) (d) of the Arbitration and Conciliation Act, 1996 by the Court in a matter seeking security in respect of the amount in dispute in the arbitration is restricted by the conditions of attachment before judgment as prescribed under Order 38 Rule 5 C. P. C. In other words, the question is, is it necessary for the party seeking interim measure from the Court for security of the amount in dispute in the arbitration by the Court during the arbitral proceedings to satisfy the conditions of attachment before Judgment under Order 38 rule 5 C. P. C.

( 2 ) THE aforesaid issue in its stark form has to be considered in the light of the provisions contained in the Arbitration and conciliation Act, 1996 (for short "act of 1996") , and the powers of the Court.

( 3 ) THE Act of 1996 which came into force on 22nd August, 1996 was enacted to consolidate and amend the law relating todomestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards inter alia to define the law relating to conciliation of the matters connected the