Parties in arbitration should initially seek interim measures from the arbitrator, especially when proceedings are underway under an established arbitration framework.

JUDGMENT

Effectively, the petitioners have approached this Court seeking protection of the subject matter of the Arbitration between the parties, under Section 9 of the Arbitration and Conciliation Act, 1996 .

2. However, it is unequivocally conceded by learned counsel for the parties today, that the Arbitration proceedings have commenced under the Rules of the Singapore International Arbitration Centre (SIAC).

3. The fact reveals that when these original petitions were considered by this Court, the respondents offered to furnish Bank Guarantee for the value of the subject matter, so as to enable them to sell the same, citing it to be perishable. The Bank Guarantees in question are also thus alive.

4. Obviously, therefore, it will not be prudent for this Court to now entertain the afore original petitions because, the petitioner can certainly move the learned Arbitrator under the Rules applicable for necessary interim protection and interim orders. Concededly, such liberties are embedded to the applicable Rules, as we have Section 17 under the Arbitration and Conciliation Act, 1996 . In fact, both sides affirm the afore and thus pleaded that they be reserved their rights to move the learned Arbitrator appropriately.

5. In the afore circumstances, but in order to enable the petitioners to move the learned Arbitrator without the threat of imminent loss of the subject matter, I direct that the interim orders granted by this Court will continue to be in force for a period of four months from today and that respondents will keep the Bank Guarantees alive for the said period.

6. Needless to say, the rights of the parties to move the learned Arbitrator appropriately are left open fully.

These original petitions are thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm APPENDIX OF OP(ICA) 2/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE TRANSMISSION COPY/ DEBIT CONFIRMATION LETTER ISSUED BY THE PUNJAB NATIONAL BANK DATED 03.03.2023 Exhibit-P2 TRUE COPY OF THERELEVANT PAGES OF THE STATEMENT OF ACCOUNTS WITH REGARD TO CASH CREDIT STANDING IN THE NAME OF THE PETITIONER AT THE PUNJAB NATIONAL BANK BEARING ACCOUNT NO.2951008700002020 Exhibit-P3 TRUE COPY OF THE SALE AND PURCHASE CONTRACT BEARING NO.21005860 DATED

20.02.2023 ENTERED INTO BETWEEN THE PETITIONER AND THE FIRST RESPONDENT Exhibit-P4 TRUE COPY OF THE EMAIL DATED 17.05.2023 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit-P5 TRUE COPY OF THE BILL OF LADING OF M/S.

MEARSK LINE BEARING NO.MAEU 225870340 DATED 28.03.2023 Exhibit-P6 TRUE COPY OF THE BILL OF LADING OF M/S.

MEARSK LINE BEARING NO.MAEU 226287074 DATED 28.03.2023 PETITIONER ON WHAATSAPP ON 2.3.2020 Exhibit-P7 TRUE COPY OF THE EMAIL DATED 17.05.2023 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit-P8 TRUE COPY OF THE EMAIL DATED 26.05.2023 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit-P9 TRUE COPY OF THE EMAIL DATED 01.06.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit-P10 TRUE COPY OF THE EMAIL DATED 01.06.2023 ISSUED BY THE PETITIONER IN REPLY TO EXHIBIT P9 TO THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE BOARD RESOLUTION OF THE

1ST RESPONDENT DATED 26.05.2023 Exhibit R1(b) TRUE COPY OF THE EMAIL COMMUNICATION CONFIRMING THE TERMS OF THE CONTRACT DATED 20.02.2023 Exhibit R1(c) TRUE COPIES OF THE SALE-PURCHASE CONTRACTS DATED 20.02.2023 AND 11.02.2023 Exhibit R1(d) TRUE COPY OF THE EMAIL SENT BY THE 1ST RESPONDENT DATED 30.03.2023 Exhibit R1(e) TRUE COPY OF THE REPLY EMAIL SENT BY THE PETITIONER DATED 11.04.2023 Exhibit R1(f) TRUE COPY OF THE BILLS OF ENTRY AND OUTCHARGE BY CUSTOMS DATED 25.05.2023 Exhibit R1(g) TRUE COPY OF THE MASTER DATA OF THIS RESPONDENT DATED 31.05.2023 Exhibit R1(h) TRUE COPIES OF THE BILLS OF LADING, COMMERCIAL INVOICES ETC. DATED 28.03.2023 AND THE DRAFT HIGH SEA SALES AGREEMENT DATED 20.04.2023 Exhibit R1(i) TRUE COPY OF EMAIL COMMUNICATION EXCHANGED ON 17.05.2023 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT Exhibit R1(j) TRUE COPY OF THE EMAILS