Sec. 9—Interim relief—For securing the amount in dispute in arbitration

Sec. 9—Interim relief—For securing the amount in dispute in arbitration— Application for In Srei Infrastructure Finance Limited v. M/s. Ravi Udyog Pvt. Ltd & Anr.8, the Calcutta High Court, speaking through one of us (Indira Banerjee, J.), as Judge of that Court, said :- ―An application under section 9 of the Arbitration & Conciliation Act, 1996 for interim relief is not to be judged as per the standards of a plaint in a suit. If the relevant facts pleaded, read with the documents annexed to the petition, warrant the grant of interim relief, interim relief ought not to be refused by recourse to technicalities...‖ Section 9 of the Arbitration Act confers wide power on the Court to pass orders securing the amount in dispute in arbitration, whether before the commencement of the arbitral proceedings, during the arbitral proceedings or at any time after making of the arbitral award, but before its enforcement in accordance with Section 36 of the Arbitration Act. All that the Court is required to see is, whether the applicant for interim measure has a good prima facie case, whether the balance of convenience is in favour of interim relief as prayed for being granted and whether the applicant has approached the court with reasonable expedition. If a strong prima facie case is made out and the balance of convenience is in favour of interim relief being granted, the Court exercising power under Section 9 of the Arbitration Act should not withhold relief on the mere technicality of absence of averments, incorporating the grounds for attachment before judgment under Order 38 Rule 5 of the CPC. 

Case Law:

Essar House Pvt. Ltd. vs. Arcellor Mittal Nippon Steel India Ltd., 

Citation:

AIR 2022 SC 4294