1 arbp352-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.352 OF 2011 Ingram Micro India Limited ....Petitioner V/s. Secure Synergy Private Limited ....Respondent Mr.Chirag Balsara with Mr.M. Fernandes i/b Rajani Associates for the Petitioner. Mr.Anand Sashidharan for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 18TH JULY, 2011. P.C. :- 1. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996. 2. The respondent disputes the existence of a valid arbitration agreement. Assuming that there is a valid arbitration agreement between the parties, according to the petitioner, it is entitled to appoint the arbitrator. Mr.Sashidharan, the learned counsel appearing on behalf of the respondent states that without prejudice to all the rights and contentions of the respondent especially as to the existence of a valid arbitration agreement, the respondent shall not dispose of, alienate, encumber, part with possession of or create any third party 2 arbp352-11 rights in respect of the assets disclosed in the affidavit dated 29.6.2011 upto and including 22.8.2011. Mr.Balsara states that the petitioner will take steps or adopt proceedings for constitution of the arbitral tribunal and make an application under section 17 of the said Act for interim reliefs including those claimed in the present petition. It is agreed between the parties that all the rights and contentions of the parties including as to the existence of the valid arbitration agreement are kept open in such proceedings that may be adopted and even otherwise. 3. The above statements are accepted. The arbitration petition is accordingly disposed of.