Delhi High Court
Arbitration and MediationContract Law

Section 9 interim protection continues for 90 days, then automatically vacates unless varied by the tribunal.

Fateh Education Consulting Private Limited vs Delhi Metro Rail Corporation Ltd

Delhi High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Section 9 interim protection continues for 90 days, then automatically vacates unless varied by the tribunal.. Fateh Education Consulting Private Limited vs Delhi Metro Rail Corporation Ltd. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner held exclusive co-branding rights for Patel Nagar Metro Station under a ten-year License Agreement dated 29 January 2024. It carried out beautification works, including a balloon installation on station pillars, which it said had been approved by the Respondent. The Respondent maintained that balloon panels on pillars Nos. 180–190, supported by iron frames, were not approved and interfered with outdoor advertising rights granted to another entity

Source reference: p. 2, paras. 2–6

After the Respondent sought removal of signage, the Petitioner invoked the contractual conciliation mechanism and filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim protection against removal of the works. The Court had earlier directed status quo while conciliation talks were ongoing

Source reference: pp. 2–3, paras. 5–8
02

Issues

Whether the interim status quo arrangement concerning the beautification works should continue pending initiation of arbitral proceedings.

Source reference: pp. 3–4, paras. 9–10, 14

Whether, upon constitution of the Arbitral Tribunal, the interim-relief application should be placed before it for consideration under Section 17 of the Act.

Source reference: p. 3, para. 13
03

Law Applied

Section 9 of the Arbitration and Conciliation Act, 1996 empowers a court to grant interim measures in aid of arbitration; Section 17 provides for interim measures by the Arbitral Tribunal.

Source reference: pp. 3–4, paras. 11–13

The Court made no determination of the parties’ substantive contractual rights or the merits of the dispute. It directed that the interim application be considered by the Tribunal upon its constitution, with the Tribunal free to continue, modify, vary or vacate the existing arrangement.

Source reference: pp. 3–4, paras. 11–13
04

Reasoning

With conciliation ongoing and the dispute concerning the parties’ competing claims over the balloon installation unresolved, the Court preserved the existing status quo for a limited period rather than deciding whether the installation was authorised or interfered with the third party’s advertising rights.

Source reference: pp. 3–4, paras. 9–14

It directed the Petitioner to initiate arbitral proceedings and provided for the pending interim-relief matter to be considered by the Tribunal under Section 17. All rights and contentions were left open.

Source reference: pp. 3–4, paras. 9–14; p. 3, para. 12
05

Holding

The petition was disposed of with directions to the Petitioner to initiate arbitral proceedings within 90 days.

The status quo arrangement was continued for 90 days from the order and would automatically stand vacated thereafter unless addressed by the Tribunal. Upon its constitution, the petition was to be treated as an application under Section 17, and the Tribunal could continue, modify, vary or vacate the interim arrangement.

Source reference: pp. 3–4, paras. 10–15
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Arbitration and Conciliation Act, 19962

Delhi High Court

Original Court PDF

Fateh Education Consulting Private LimitedvsDelhi Metro Rail Corporation Ltd

Delhi High Court · September 30, 2026

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