1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION (LODG.) NO.101 OF 2008 Shree Renuka Sugars Limited .. Petitioner. Vs. Manganga Sahakari Sakhar Karkhana Ltd., Sonarsidhanagar ..Respondent. .... Mr. Santosh S.K. i/b Mr. Kiran Kulkarni for the Petitioner. Mr. Uday Warunjikar for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 12th February, 2008. P.C. : By consent the Arbitration Petition is taken up on Board for hearing and disposal. 2. Mr. Warunjikar, counsel appearing for the Respondent undertakes to file his Vakalatnama during the course of the week. 3. Relief has been sought in proceedings under Section 9 of the Arbitration and Conciliation Act, 1996. There was a contract between the Petitioner and the Respondent dated 23rd November, 2007 for the purchase of a quantity of 10,000 MT of raw sugar at a price of Rs.9,000/- per MT. The period of delivery was December 2007 to January 2008. The contract contained a provision for 2 arbitration. A quantity of 5,020 MT was supplied by the Petitioner to the Respondent leaving the balance undelivered. The relief that has been sought is for a direction to the Respondent to preserve 4,980 MT of raw sugar, the appointment of a fit and proper person to take interim custody of the aforesaid stock which is lying at the factory premises of the Respondent at Atpadi in the District of Sangli and for an interim injunction. It is well settled that an interim measure of protection under Section 9 of the Arbitration and Conciliation Act, 1996 has to be in aid of the final relief that can be granted. The Petitioner has a contract for the supply of movable property viz. a stock of raw sugar. In view of explanation (ii) to Section 10 of the Specific Relief Act, the ordinary presumption is that a breach of a contract to transfer movable property can be relieved in terms of compensation in monetary terms. Such a contract is incapable of specific performance under Section 14(1)(a). The Petitioner may at the highest have a claim in damages which he will be at liberty to assert in the course of the arbitral proceedings. No case has been made out for the grant of an interim measure of protection. The Arbitration Petition is dismissed.