Facts
The appeals challenged an order dated 15 June 2026 allowing Maarq Spaces and Properties LLP’s application under Section 9 of the Arbitration and Conciliation Act, 1996.
Source reference: p.16The order restrained the appellants from alienating or creating third-party rights in the suit schedule property until 90 days from the order or until the Arbitral Tribunal began functioning, whichever occurred earlier.
Source reference: p.16The High Court recorded that the 90-day period would expire on 13 September 2026.
Source reference: p.17Issues
1. Whether the appeals against the interim restraint order retained practical significance when the restraint period was about to expire.
Source reference: p.172. Whether the appellants could revive the appeals if the Commercial Court extended the restraint.
Source reference: p.17Law Applied
Section 13(1A) of the Commercial Courts Act, 2015 provides the basis for the commercial appeals before the High Court.
Source reference: p.16Section 9 of the Arbitration and Conciliation Act, 1996 empowers a court to grant interim measures in arbitration-related matters; the challenged order was made under that provision.
Source reference: p.16The judgment states no further test or precedent governing either provision; its decision turned on the limited duration of the restraint and the imminent expiry of that period.
Source reference: p.17Reasoning
The High Court did not examine the merits of the Section 9 order.
Source reference: p.17Because the restraint was due to expire on 13 September 2026—two days after the judgment—the appeals had, in the Court’s view, “lost implication”.
Source reference: p.17The Court therefore dismissed them without foreclosing revival if the Commercial Court extended the restraint.
Source reference: p.17Holding
The Court dismissed all three appeals because the challenged restraint was about to expire and the appeals had consequently lost practical significance.
It granted the appellants liberty to revive the appeals if the Commercial Court granted an extension.
Source reference: p.17Acts & Sections Cited
2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Commercial Courts Act, 20151
Arbitration and Conciliation Act, 19961
Original Court PDF
MR. NARAYANASWAMY,vsMAARQ SPACES AND PROPERTIES LLP
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