Arb. Case No. 21 of 2011. 9.8.2011 Present: Mr. S.R. Sharma, Advocate for the petitioner. Mr. P.K. Sharma, Addl.AG for the respondents. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 for interim measures. Shorn of details the facts of the case as emerge out of the pleadings on behalf of the parties are that the work pertaining to ‘Annual Surface on Ghagus Hartlyanger Bhota Hamirpur Nadaun Ranital Road’ was awarded by the respondents in favour of the petitioner vide agreement No. 38 of 1999-2000. Admittedly, the entire work was carried out by the petitioner pursuant to which the entire payment along with security deposit was also made to him way back in the year 1999-2000. However, lateron as per the respondents, an audit objection was raised to the effect that the petitioner had not returned the empty bitumen drums to the Department in terms of the agreement and as a consequence a sum of Rs. 2,12,442/- was found recoverable from him on this count as also on account of some other recoveries. The case of the respondents is that the audit objection was also affirmed by the Public Accounts Committee of the H.P. Vidhan Sabha. Against the foregoing background, the process for recovery of the said sum of Rs. 2,12,442/- was initiated against the petitioner by serving notice dated 15.3.2011 upon him. It is also admitted that the dispute between the parties is the subject-matter of agreement No. 38 of 1999-2000 which also contains an arbitration clause at serial No. 25. It is stated that the process for initiation of arbitration proceedings is in the offing and would commence shortly. The petitioner seeks a direction to the respondents as an interim measure not to take any step to recover the said sum of Rs. 2,12,442/- from him till commencement of the arbitration proceedings in which event he would approach the Arbitral Tribunal for appropriate interim measures under Section 17 of the Arbitration and Conciliation Act, 1996. There was an interim order dated 7.5.2011 in favour of the petitioner whereby the respondents were ordered to maintain status quo as existing on the date of order regarding recovery till 17.6.2011. Against the foregoing background and taking into consideration the fact that the demand has been raised after about 11/12 years, it shall be expedient and in the interest of justice to grant the prayer of the petitioner for interim measures under Section 9 of the Arbitration and Conciliation Act, 1996. Ordered accordingly. Consequently, it is directed that the respondents shall not take any coercive measure against the petitioner for effecting recovery of the said sum of Rs. 2,12,442/- till the matter is submitted to the Arbitral Tribunal and it enters upon arbitration. The petition stands disposed of. (V.K. Sharma) Judge. August 9, 2011. (cr)