Section 9 interim relief continues until the arbitrator passes appropriate orders.

The Petitioner filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking, among other reliefs, completion of pending packing and repacking work or return of its inventory and goods, supervision of their handover, and protection against their use or disposal.

The Court had granted interim relief to the Petitioner by order dated 25 August 2026.

At the hearing, both parties agreed to refer their disputes to arbitration and to have the Section 9 petition treated as an application under Section 17 for determination by the arbitrator.

1. Whether the parties’ disputes should be referred to arbitration and the pending Section 9 petition treated as an application under Section 17 of the Act.

2. Whether the interim relief granted by the Court should remain in force pending consideration by the Sole Arbitrator.

Section 9 provides for interim measures by the Court, while Section 17 provides for interim measures by the arbitral tribunal; the parties agreed that the pending Section 9 petition would be treated as a Section 17 application for the arbitrator’s consideration.

The arbitrator was required to furnish the disclosure contemplated by Section 12(2).

No precedent or further substantive legal test was cited or applied in the order.

The Court recorded the parties’ agreement to refer the disputes to arbitration and their waiver of formal and contractual requirements for appointment of an arbitrator.

Consistent with that agreement, it appointed a Sole Arbitrator and directed that the existing Section 9 petition be considered as a Section 17 application.

Because the Court had already granted interim relief, it continued that relief until the arbitrator considered the matter, while expressly leaving the arbitrator free to modify, vacate, or continue it.

The parties were permitted to raise preliminary objections, including on arbitrability and jurisdiction, before the arbitrator.

The interim relief granted on 25 August 2026 was continued until the arbitrator passed appropriate orders, with liberty to the arbitrator to modify, vacate, or continue it.

The Petitioner was granted leave to amend its Section 9 petition, and the petition was disposed of in those terms.