Introduction
In an appeal from a Gujarat High Court decision, a Supreme Court
Division Bench comprising of J. Indira Banerjee and J. J.K.
Maheshwari on the 14th of September 2021 held that subsequent to
the constitution of an Arbitral Tribunal, Court would not consider
and/or apply its judicial mind to any application for interim
reliefs under the Arbitration and Conciliation Act, 1996
("Act") unless and until it is
established that the remedy from an application to the Tribunal is
inefficacious.
The bench however qualified this conclusion by further stating,
this bar on the jurisdiction of the Court ceases to operate when
the application when filed before the Court has been
entertained and the bench has applied its mind to the
application.
