Whether the Court can continue to entertain an application under section 9 of the Arbitration and Conciliation Act, 1996 after constitution of Arbitral Tribunal – Jaya Industries Vs. Mother Dairy Calcutta & Anr. – Calcutta High Court

Hon’ble High Court held that the intended object of section 9(3) is to allow the arbitral tribunal to consider the prayer for interim relief once the tribunal has been constituted. Section 9(3) aims to prevent multiple levels of hearing for the same relief. The section envisages a clockwise motion of considerations of the matter after an arbitral tribunal has been constituted. The hands of the clock however stop to tick where the Court has already gone into the matter. Permitting the parties to re-agitate the matter in such cases before the arbitral tribunal would in effect rewind the clock which is not what section 9(3) intends.

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