RAJIV SAHAI ENDLAW, J.

Petition has been preferred under Section 9 of the Arbitration Act, 1996 for interim measures. The petitioner is stated to be involved in an International Commercial Arbitration of the International Chamber of Commerce with the respondents No. 1 and 2. The senior counsel for the petitioner informs that the said arbitration is at a final stage and the award has been reserved. It is informed that the petitioner has monetary claims against the respondents No. 1 and 2. The respondent No. 1 is a corporation incorporated in China and respondent No. 2, an Indian Company, is stated to be a subsidiary of the respondent No. 1. M/s. ITI Limited has been impleaded as the respondent No. 3. It is stated that monies are due from the respondent No. 3 to the respondents No. 1 and 2.

The petitioner had earlier filed another petition under Section 9 of the Act against the same respondents and which was registered as OMP. No. 359/2006. Vide ex parte order dated 4th August, 2006 in OMP 359/2006, on the petitioner expressing apprehension that if the respondent No. 3 releases all monies due to the respondents No. 1 and 2, the petitioner will be left with no means to recover