1. Whether an appeal is maintainable against an order passed under S.9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') as an interim measure? If appeal is maintainable, what is the court fee payable? These are the two questions considered in this order.

2. The appellant, a finance company, in this case filed an application before the District Court as O.P. (Arb.) No. 22 of 2003 under S.9(2) of the Act to have the hired vehicle (under hire purchase agreement) seized through a Commission appointed pending arbitration proceedings. It is not disputed that arbitration proceedings are in progress involving the above hired vehicle.

3. S.9 of the 1996 Act is as follows:

"9. Interim measures by Court:- A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with S.36, apply to a Court -

(i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or

(ii) for an interim measure of protection in repsect of any of the following matters, namely:-

(a) the preservation, interim custody or sale of any goo