A Section 9 petition may be treated as a Section 17 application, with interim protection continuing pending the tribunal’s decision.

The petitioner claimed possession of agricultural land measuring 38 bighas and 18 biswas at Rampur Kalan, Mohali.

In the context of a dispute pending before a sole arbitrator, the Court had ordered the parties to maintain status quo regarding possession and directed the local SHO to ensure compliance

The petitioner later alleged attempted trespass and non-compliance, and filed a contempt petition; that application was withdrawn with liberty to refile if circumstances arose

In the present petition, the petitioner sought continuation of the interim protection.

Respondents 1 and 2 did not appear, and the Court recorded that there was no rebuttal to the petitioner’s case

Whether the Court should continue the interim protection granted under Section 9 of the Arbitration and Conciliation Act, 1996, pending consideration of the dispute by the arbitral tribunal.

Whether the Section 9 petition could be treated as an application under Section 17 and placed before the arbitral tribunal for appropriate orders.

Section 9 of the Arbitration and Conciliation Act, 1996 empowers courts to grant protective interim measures to safeguard the subject matter of arbitration; it does not permit final adjudication of the underlying disputes.

Once the arbitral tribunal is available, interim relief may be considered by it under Section 17.

The Court relied on Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminated Ltd., (2022) 1 SCC 712, and Ariat International Inc. v. Sunglass Palace India Pvt. Ltd., 2025 SCC OnLine Del 9488, for the protective and non-final nature of Section 9 relief

The Court had previously granted status quo protection in light of the alleged risk of dispossession, and the petitioner subsequently alleged that the order had not been complied with.

With no appearance or rebuttal from the relevant respondents, the Court continued interim protection, but did not finally determine the parties’ rights or make the interim relief absolute.

Instead, applying the limited, protective scope of Section 9, it treated the petition as an application under Section 17 for the arbitral tribunal’s independent consideration

The existing interim protection will continue until the arbitrator considers the application and passes appropriate orders.

The petitioner must take steps to appoint the arbitrator within 45 days, failing which the protection will automatically stand vacated.

The arbitrator may continue, modify, vary, or vacate the protection and must decide the application independently, uninfluenced by the Court’s observations