Bombay High Court: Ad-Interim Orders Under Section 9 Appealable Under Section 37 Of The Arbitration Act

The Bombay High Court has held that ad interim orders passed by the courts in exercise of their power under Order 39 Rule 1 of the Code of Civil Procedure, 1908 while exercising power under Section 9 of the Arbitration and Conciliation Act, 1996 are appealable under Section 37 of the Act.

BACKGROUND

The Bombay High Court in its recent judgment in Mrs. Perin Hoshang Davierwalla & Anr. v. Mr. Kobad Dorabji Davierwalla & Ors.¹ has resolved the question pertaining to the appealability of an ad-interim order [an order which is operative either till the final disposal of the interim application or till the next hearing] passed under Section 9 of the Arbitration and Conciliation Act, 1996 ["the Act"]. It has held that the appeal provisions under Section 37 of the Act include within their ambit not only an appeal which maybe filed against an interim order passed under Section 9 of the Act but also an ad-interim order which maybe passed by a trial court under the