1 ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 742 OF 2009 IN ARBITRATION PETITION NO.220 OF 2009 ICICI Prudential Life Insurance Co. Ltd. ...Petitioner. Vs. Ishan Deshmukh @ Prasad V. Kulkarni ...Respondent. Mr. E.P. Bharucha Sr. Counsel with Arzan Balsara with Mr. Nimish Kothari i/by Nanu Hormasjee & Co. for the Petitioner. Mr. Nitin Apte i/by Mr. P.G.Chavan for the Respondent. CORAM :- ANOOP V. MOHTA, J. DATED :- 18TH JUNE, 2009. P.C.- 1. The Petitioner has taken out Chamber Summons No. 742 of 2009 to join wife of Respondent No.1 in whose account, as recorded in amended paragraph Nos. 24, 24A to 24G of the main plaint, the amount has been transferred and invested in Fixed Deposits. 2. Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) contemplates the parties to the Arbitration agreement, but at the same stroke, Section 9 of the Act contemplates that the Court must protect or consider or grant appropriate order with regard to the subject matter of 2 the dispute. In the present case, amount referred in amended paragraph Nos. 24, 24A to 24G, is the subject matter and in view of above paragraphs, it is very clear that out of Rs.3,12,28,367/- (Three crores, Twelve Lacs, Twenty Eight Thousand, Three Hundred and Sixty Seven only), an amount of Rs. 3 crores invested in the Fixed Deposit in the name of Respondent No. 1’s wife- Ms. Kalyani Kulkarni. The Chamber summons is to join Ms. Kalyani Kulkarni, wife of Respondent No.1 as party to this Petition. 3. The Petitioner’s basic relief is against Respondent No.1. There is dispute arose for the same. Therefore, in the interest of justice and to secure the said amount and to avoid further complications in the matter and in the present case, in view of amended Paragraph Nos. 24, 24A to 24G itself, I am inclined to grant this Chamber Summons. 4. The Chamber summons is accordingly, allowed. No order as to costs. 5. Amendment to be carried out forthwith in a due course of the day. (ANOOP V. MOHTA, J.)