#Interim Relief

Bombay HC Division Bench grants Section 9 injunction to doctor-investors, barring land alienation to protect specific performance claim after 21-year developer default on delivery and IOD, reversing Single Judge's denial. The decision underscores Section 9's role in preventing arbitration frustration where prolonged inaction threatens the subject matter.

Delhi HC held that a lender cannot get extra Section 9 relief if mortgage security exists and SARFAESI enforcement is pending, absent proof of immediate asset threat. The decision affects banks seeking arbitration interim relief alongside loan remedies.

The Delhi HC held that a prima facie case under Section 9 of the Arbitration Act warrants interim relief, directing arbitration and restraining the respondent from dealing with the sub-leased premises, aiding landlords to secure interim measures.

The Calcutta High Court held that arbitral tribunals may grant Section 17 interim measures without first deciding Section 16 jurisdictional objections, treating such orders as neutral fact finding steps to preserve the status quo and enable relief in arbitration.

The High Court set aside a Family Court order denying interim custody of a four-year-old girl to her mother, ruling that Section 6(a) of the Hindu Minority and Guardianship Act creates a statutory presumption favouring maternal custody for children under five. Substituting visitation rights for the custody prayer was held to be a perverse exercise of discretion.

Delhi High Court ruled that the FSSAI cannot seize Enerzal drinks labelled “electrolyte” without first issuing a Section 32 improvement notice, granting a stay on the May 26 notice and related seizures. This obliges regulators to follow the statutory pre-seizure procedure, safeguarding food manufacturers and ensuring due process for state food-safety authorities.

The Delhi High Court struck down an Appellate Tribunal interim order that sought to channel frozen proceeds of crime to settle liabilities of another company, holding such diversion beyond the scope of Section 42 of the PMLA. This bars authorities from using seized assets to satisfy third-party debts, affecting enforcement actions against money-laundering suspects.

The Supreme Court ruled that a High Court may not issue a week-long protection from arrest unless a Section 69 order under the CGST Act has been passed, and that interim relief is unavailable once a pre-arrest bail plea is rejected. Taxpayers facing GST raids must first secure a valid Section 69 order, curbing lower courts’ protective powers.

The Supreme Court upheld a Delhi High Court order directing the appellant to deposit Rs 3.5 crore under Section 9 of the Arbitration Act, clarifying that courts may grant interim security to a party who ultimately loses the arbitration where equity demands it. This ruling expands the scope of Section 9, allowing preservation of assets even when the applicant’s substantive claim is weak, affecting all parties seeking interim protection during arbitration.

Delhi High Court ruled that a plaintiff can obtain a Section 12A exemption when a continuing IP infringement case demands urgent interim relief, permitting the court to order release of title deeds against cash security. This clarifies that mediation waiver is available for time-sensitive IP disputes, affecting commercial litigants seeking swift injunctive relief.

Bombay HC grants interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, preserving the assets and accounts of M/s. Radio Restaurant pending arbitration. The court directs respondents to disclose assets, produce financial records, and deposit profits, appointing a receiver to prevent dissipation of the deceased partner's 25% share.

Bombay High Court directs the Scheduled Tribe Caste Certificate Scrutiny Committee to decide Halba ST claims within three months and permits interim admission to petitioners without caste validity certificates pending adjudication. The ruling ensures timely resolution of caste claims while safeguarding educational opportunities for eligible candidates.

Bombay High Court holds that registered retirement and gift deeds carry presumptive validity at the interim stage, shifting the evidentiary burden to the party alleging fraud. The ruling underscores that courts will not grant interim relief unless fraud is prima facie established, impacting partnership and property disputes involving registered instruments.

Bombay High Court rules that alternate plot allotment under the MRTP Act does not automatically confer title unless the scheme is formally modified. The court dismissed the appellant’s claim due to a 40-year delay and a doubtful conveyance deed, reinforcing that interim relief in property disputes requires strict compliance with statutory procedures.

Bombay High Court restrains Kalyan Dombivali Municipal Corporation from enforcing TDR/FSI as compensation for road widening, reaffirming its Full Bench judgment in Shree Vinayak Builders. The ruling mandates monetary compensation for landowners, impacting municipal land acquisition policies across Maharashtra.