Arbitration and Conciliation Act, 1996
Section 9—Challenge to the order framing issues—Maintainability of petition—Grievance of petitioner that it had wished to file an amended statement of defence consisting of the bank statements related to transactions between the petitioner and respondent—Petitioner is not conducting itself properly and with diligence before the arbitrator—Arbitrator has rightly proceeded in the matter for framing of issues and evidence—Petitioner cannot be permitted to challenge a procedural order passed by the arbitrator under Section 9 of the Arbitration and Conciliation Act—Relief sought are not interim measures as contemplated under the said provision—By filing a petition under Section 9 of the Act the petitioner is merely attempting to avoid the appellate provision under Section 37 of the Act which clearly stipulates as to which orders are appealable—Petition is nothing but a clever attempt to seek relief when the petitioner itself is not maintainable—Petition dismissed with costs.
[Paras 4, 5 & 15]