SC Holds That Granting Interim Reliefs To Unsuccessful Party In Arbitration Should Be Done Only In Rare And Compelling Cases

The SC in Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi¹ held that any party to an arbitration agreement, including an unsuccessful party, may seek interim measures of protection under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), at the post-award stage, as the expression ‘a party’ under Section 9 of the Arbitration Act draws no distinction based on the outcome of the arbitral proceedings. However, the SC also observed that the threshold for grant of interim relief will be higher in the case of an unsuccessful party seeking such relief, and that such relief should be granted only in rare and compelling cases, with courts exercising care, caution, and circumspection.