I.A No. 8776 of 2007 (of the respondent under Section 9 of the Arbitration Act. 1996) in OMP No. 1012007 under Section 34 of the Arbitration Act, 1996

1. Mr. Pradeep Jain, Director of the petitioner company is present in compliance to the directions on the last date. The objection of the Counsel for the petitioner that the application under Section 9 ought to have been filed by way of an independent has already been rejected on the last date. The Counsel for the parties have been heard.

2. The petitioner has preferred this petition under Section 34 of the Act with respect to a unanimous arbitral award dated 28th September, 2006 of a Arbitral Tribunal comprising nominees of each of the parties and the third arbitrator appointed, by this Court vide order dated 12th December, 2002 in an application under Section 11(6) of the Act. It is not in dispute that under the said award as on the date of filing of this application, a sum of approximately Rs. 60 lacs is due from the petitioner to the respondent.

3. The respondent has filed this application seeking interim measures during the pendency of this petition and till the award is enforced. It is contended, that the petitioner is a clos