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Powers of court under Section 9 Arbitration Act wider than powers under CPC for grant of interim relief: Supreme Court holds

Section 9 of the Act confers wide powers on the court to pass orders securing the subject-matter of the arbitration agreement, the amount in dispute in arbitration etc, 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 Act. All that the court is required to see and satisfy itself with are the settled principles while granting such equitable remedy: 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 (SREI Infrastructure Finance Limited v. M/s Ravi Udyog Pvt Ltd & Anr).

It is also important to note that an application under Section 9 of the Act for grant of interim relief is not to be judged as per the standards of a plaint in a suit. Mere procedural technicalities cannot come in the way of granting such relief, when the applicant has satisfied the court with relevant facts pleaded (read with the documents in support of the petition), that the application warrants the grant of interim relief. In such cases, interim relief ought not to be refused. 

Source: Barandbench

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