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left arrow Jul 27, 2026

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. Sanghavi[1] 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.

[1] Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi, 2026 SCC OnLine SC 670.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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