Quick answer: Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 lets a party ask a court to protect money, assets or the subject matter of a dispute. You can apply before arbitration begins, during it, or after the award until enforcement. If you apply first, you must start arbitration within 90 days of the order.
Interim relief under Section 9 is often the first tool a lender or business uses in a dispute. When a borrower starts moving assets, waiting for the final award can make victory worthless. Section 9 lets the court step in early. This guide explains when to apply, what to prove, and how recent Supreme Court rulings shape the remedy.
What Interim Relief Under Section 9 Covers
Section 9(1) allows a wide range of protective orders. These include:
- securing the amount in dispute, for example through a deposit or bank guarantee;
- preserving, inspecting or selling goods that form the subject matter;
- detaining or taking samples of property;
- an injunction or the appointment of a receiver; and
- any other measure the court considers just and convenient.
Banks and NBFCs most often seek injunctions against selling hypothecated assets and orders securing the loan amount.
When Can You Apply? A Stage-by-Stage Timeline
- Before arbitration starts: You may apply even before a Section 21 notice. However, Section 9(2) requires you to start arbitration within 90 days of the order, or within any longer time the court allows.
- After the tribunal forms: Section 9(3) bars the court from entertaining a fresh application. The exception applies where a Section 17 remedy before the tribunal would not be efficacious.
- After the award, before enforcement: Either party may still apply to protect the subject matter while a Section 34 challenge is pending.
What the Court Looks At
The court checks three things. First, you need a strong prima facie case. Second, the balance of convenience must favour you. Third, you must show that you approached the court promptly. Courts also ask whether refusal would cause irreparable harm.
Moreover, evidence that the other side is disposing of assets or diverting receivables carries weight. Bare allegations rarely succeed.
Section 9 vs Section 17: Court or Tribunal?
Since the 2015 amendment, the tribunal holds the same interim powers under Section 17, and its orders are enforceable like court orders. Therefore, once the tribunal is in place, parties should normally approach the tribunal first. Still, the tribunal cannot bind third parties, such as a bank holding the opposite side’s funds. In those cases, the court remains the practical forum.
Key Case Law on Section 9 Interim Relief
Essar House Pvt. Ltd. v. ArcelorMittal Nippon Steel India Ltd. (Supreme Court, 14 September 2022): The Court held that the CPC’s technical rules do not strictly bind a Section 9 court. A court may secure the amount in dispute without a rigid Order XXXVIII Rule 5 inquiry. A substantial risk that assets will shrink can be enough.
ArcelorMittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd. (Supreme Court, 14 September 2021): The Court read “entertain” in Section 9(3) to mean taking up the application and applying the mind to it. So, if the court has already heard the matter before the tribunal forms, it can still decide it.
Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi (2026 INSC 415, April 2026): The Court held that even the losing party may seek post-award relief under Section 9. It overruled contrary Bombay, Delhi, Madras and Karnataka High Court views. However, it set a higher threshold, limiting such relief to rare and compelling cases.
Practical Tips for Lenders and Businesses
Act fast and attach the loan or contract, default notices and proof of asset diversion. Furthermore, choose the correct “Court” under Section 2(1)(e), which depends on the seat and the claim value. Finally, calendar the 90-day deadline the moment the court passes its order. See our arbitration and ADR services.
FAQs on Interim Relief Under Section 9
What is Section 9 of the Arbitration Act?
Section 9 lets a party ask a court for interim protection in an arbitration dispute. Courts use it to freeze assets, secure money or grant injunctions.
Can I file Section 9 before starting arbitration?
Yes. But you must begin arbitration within 90 days of the court’s order, unless the court extends that time.
What is the difference between Section 9 and Section 17?
Section 9 relief comes from a court, while Section 17 relief comes from the tribunal. Once the tribunal is in place, parties usually go to it first.
Can a court grant interim relief after the tribunal forms?
Only if the Section 17 remedy would not be efficacious, or if the court had already taken up the application earlier.
Can the losing party seek Section 9 relief after the award?
Yes. After Home Care Retail Marts (2026), it can, but courts apply a stricter test and grant relief only in compelling cases.
Can I appeal a Section 9 order?
Yes. Section 37 allows an appeal against an order granting or refusing Section 9 relief.
Lex Pleaders advises banks, NBFCs and businesses on interim relief, asset protection and arbitration strategy before courts and tribunals. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.
Enforcement of Section 17 Interim Order | Lex Pleaders
November 3, 2026[…] However, the window has narrowed. The 2019 amendment removed the tribunal’s power to grant relief after it makes the award. After the award, a party must therefore approach the court under Section 9. We explain that route in our guide on interim relief under Section 9 of the Arbitration Act. […]