JUDGMENT 1. The Court: This is an application under Section 9 of The Arbitration and Conciliation Act, 1996 in relation to a contract dated 1st April, 2022 between the petitioner, described as the 'SELLER/EXPORTER' and the respondents who have been respectively described as the 'BUYER/END USER' and the 'CO-BUYER'. 2. The petitioner sold material to the respondents under the terms of the contract for setting up a port in Bangladesh. 3. The case sought to be made out by the petitioner, through learned counsel, is that the petitioner sold boulders for the value of about 10 Million USD inclusive of freight. Counsel relies on mails of 23rd September, 2022 and 26th September, 2022 recording that the petitioner's demand for payment pursuant to sale and loading of the vessel for export of the material to Bangladesh. Counsel submits that several verbal exchanges for payment followed between the parties. The respondents, however failed to make any payment after an initial payment of USD 200,000 under the payment terms of the contract. 4. The present claim of the petitioner is approximately Rs.2.4 crores. This claim is exclusive of the demurrage charges amounting to 2,50,000 USD which the petitioner is also contractually liable to pay. According to counsel, the only security which is presently available to the petitioner for realising the outstanding amount is 10,000 MTs of boulders belonging to and purchased by the respondents loaded on boat Tug M.G. Navimar-3 docked at Kakinada Port. The said materials are due to be discharged at Chittagong Anchorage, Bangladesh. Counsel submits that the petitioner has no other security available to it for realising the outstanding dues. It is also submitted that the present matter is being moved ex-parte since notice of the application would frustrate the very object of the present application. 5. Upon hearing learned counsel and considering the material before the Court, as an interim measure of protection as provided under Section 9(1)(ii)(b) of the 1996 Act which empowers the Court to pass suitable orders before commencement of the arbitration for securing the amount in dispute in the arbitration, the respondents are restrained from removing the cargo M.V. Navimar-3 until further orders are passed by the Regular Bench upon affidavits. The cargo shall be removed or kept in a suitable place in the Kakinada Port area in the event the vessel is to sail in the near future. The cargo shall be removed or kept in a suitable place in the Kakinada Port area in the event the vessel is to sail in the near future. It may be stated that this Court has been informed that the vessel was arrested in a separate proceeding where the petitioner was not a party. 6. Let this order be communicated to the respondents and to the Master of the vessel M.V. Navimar-3 as well as to the Port authorities so that suitable arrangements can be made for safekeeping of the cargo described in paragraph 15 of the petition and at pages 74 and 80 of the petition and be treated as security in respect of the unpaid dues of the petitioner under the contract dated 1st April, 2022. 7. The petitioner shall be at liberty of acting on the basis of the order as dictated in open Court. 8. List this matter on 4th November, 2022 before the Regular Bench. 9. The respondents shall be at liberty of taking out suitable applications for vacating of or varying this order.