Jagrati Trade Services Private Limited vs Deepak Bhargava & Ors on 31 January, 2023
a. The power of the arbitrator to grant interim reliefs under section 17
of the Act is akin to the court's powers under section 9. The 246th
Law Commission Report recommended the enhancement of
arbitrator's powers to give teeth to their orders by elevating them to
the status of a statutorily enforceable order of a court. The
Parliament responded accordingly and made section 17 pari passu
to that of section 9. Succeeding precedents such as that of
Flywheel Logistics (supra) and my own observation in Gainwell
(supra) reiterate the identical nature of sections 9 and 17 and the
acceptance of the principle that applications under both these
provisions would be governed under the same test of interim
measures.