On September 14, 2022, a 2 (two) judge bench of the Hon’ble Supreme Court of India has held that at the time of deciding a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), the power of the court is not curtailed by the rigors of every procedural provision in the Code of Civil Procedure, 1908 (“CPC”). The proof of actual attempts to deal with the property with a view to defeat or delay the realisation of an impending arbitral award under Order XXXVIII Rule 5 of CPC is not imperative for grant of interim relief under Section 9 of the Arbitration Act.
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