Ajay Mohan Goel, J
1. This petition under Section 9 of the Arbitration and Conciliation Act, was filed in the month of September, 2013, seeking interim directions, pending initiation of arbitration proceedings.
2. When the case was listed on 05.09.2013, the following order was passed:-
“Notice, returnable for 3.10.2023. In the meantime, parties are directed to maintain status quo with regard to implementation of Annexure P-6 to P-8.”
3. Today, when the matter was taken up for consideration, the Court stands informed that till date, the arbitration proceedings have not been initiated by either of the parties, relating to the subject qua which present proceedings were filed.
4. Section 9(2) of the Arbitration and Conciliation Act, 1996, reads as under:-
“[(2) Where, before the commencement of the arbitral proceedings, a Court passes an order for any interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine.”
5. This statutory provision was incorporated in the Act w.e.f. 23.10.2015. Though, this Court is not oblivious to the fact that present proceedings were initiated before amendment was made in the Act but fact of the matter remains that even after the amendment was incorporated, no arbitration proceedings were started within 90 days as from 23. 10.2015. In this view of the matter, this Court is of the considered view that the order granted by the Court on 5. 09.2013 has become otiose and these proceedings have lost their efficacy. Accordingly, these proceedings are closed.
Pending miscellaneous application(s), if any, also stand disposed of accordingly. Interim order stands vacated forthwith.
