1 ARBP 510 OF 08.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION ARBITRATION PETITION NOO.510 OF 2008 M/s Dunnimaa Engg & Divers Enterprises P.Ltd .. Petitioner -versus Ocean Engineering System Ltd. And ors .. Respondents. Mr. Bhalwal i/b Vyas & Bhalwal for the petitioner . Mr. Birendra Saraf a/w Nilesh Gala i/b M/s Shah and Sanghvi for respondentNO.2. CORAM: ANOOP V. MOHTA, J. DATED: 19th November, 2010 P.C. 1. This petition is under section 9 the Arbitration and Conciliation Act, 1996 for interim protection. After hearing the petitioner on 11th December, 2008, this Court has passed the following order. “Heard the learned counsel appearing for the petitioners. The petition is placed on board for consideration of grant of ad interim relief. Looking to the nature of prayers (a), (b) and (c) made in this petition, I find that no case is made out fro grant of ad interim relief. The claim of the petitioners is a money claim and appropriate orders can be passed at the time of final hearing of the petition for securing the claim of the petitioners, if a case is made out by the petitioners. Hence the prayer for ad interim relief is 2 ARBP 510 OF 08.sxw rejected. Issue notice for final disposal of the petition returnable on 29th January,2009.” 2. There is nothing pointed out, any change of circumstances and/or new averments to grant any protection which was already refused. This order, therefore, attained finality and in view of this and for want of other material on record, I am inclined to dispose of present petition with liberty to petitioner to take out fresh petition if so instructed based upon fresh material available if any. 3. The petition is of the year 2008 without any interim protection; in my view just cannot be kept pending for ad interim reliefs. No relief can be granted without any fresh material and/or documents especially when there is nothing on record to show the same. The petition is accordingly disposed of with liberty by keeping all the points open. No costs. (ANOOP V. MOHTA, J.)