Topic
Bombay HC grants interim protection under Section 9, directing deposit of Rs.2,14,99,523 with 18% interest and asset disclosure within seven days. Court relies on repeated MOU admissions of liability and dishonoured security cheques, preserving prima facie case for secured creditor.
Bombay High Court rules that post-award interim protection under Section 9 of the Arbitration Act is exceptional and requires 'rare compelling circumstances'. The court allowed continuation of bank guarantees pending Section 34 challenge, reinforcing security interests in public utility contracts despite arbitral award directions.
Bombay High Court rules that interim relief under Section 9 of the Arbitration Act must balance competing claims among co-owners, directing equal distribution of redevelopment benefits pending arbitration. The court mandated indemnity bonds to secure the developer's obligations, setting a precedent for equitable interim measures in property disputes.
Bombay High Court rules that delay in seeking interim relief under Section 9 of the Arbitration Act does not automatically bar protection if critical evidence risks being destroyed. The court allowed preservation of records while rejecting blanket injunctions, emphasizing the need to balance contractual rights with evidentiary concerns in arbitration disputes.
Bombay High Court clarifies that Section 9 interim relief under the Arbitration Act mandates concrete evidence of asset diversion or financial instability, not just fear of dissipation. The ruling underscores that delays in seeking relief weaken claims of urgency, setting a stricter threshold for contractors and businesses seeking emergency protection.