[P&H] Arbitration and Conciliation Act, 1996,  S. 9 – The principles applicable in the matter of grant of injunctions in arbitration cases are broadly from the principles drawn from Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 in the matter of grant of temporary injunctions

Arbitration and Conciliation Act, 1996,    S. 9 – The jurisdiction in international arbitration commercial disputes to pass orders under section 9 of the Act lies exclusively with the High Court is not disputed –  The principles applicable in the matter of grant of injunctions in arbitration cases are broadly from the principles drawn from Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 in the matter of grant of temporary injunctions which are roughly similar through the avenue of section 9 of the Act of 1996 and are to be dealt with in similar fashion – Grant of an injunction or interim measure or its refusal remains guided by the three cardinal and well accepted principles of prudence attaching to courts for consideration at the initial stage of litigation guiding that the three ingredients must reasonably co-exist before any ad interim order issues forth for or against the defendant, a somewhat similar position in which the parties are placed today – Court has also to refrain from making any comment on the merits of the case to avoid any prejudice to the parties or pre-judging the issues – These are the  limitations in which the consideration has to take place for passing interim orders of restraint or its refusal.

2019 PLRonline 3030