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2022 Supreme(Del) 700

C.HARI SHANKAR
Zostel Hospitality Pvt. Ltd. – Appellant
Versus
Oravel Stays Private Limited – Respondent


Advocate Appeared:
For the Appellant : Mr. Amit Sibal, Mr.Abhishek Malhotra, Ms. Shilpa Gamnani, Ms.Atmaja Tripathy, Mr. Vinamra Kopariha, Mr. Kaustubh Prakash, Mr. Vinay Tripathy, Ms. Anjali Tiwari, Advs.
For the Respondent:Mr. Mukul Rahatagi, Ms. Anuradha Dutt, Mr. Lynn Pereira, Mr. Avimukt Dar, Mr. Mayank Mishra, Ms.Suman Yadav, Mr. Haaris Fazili, Ms. Vaishnavi Rao, Mr. Ayush Dhawan, Mr. Kunal Dutt, Ms. Shivangi Sud, Ms. Prerna Sharma, Advocates

JUDGMENT :

(By Video Conference on account of COVID-19)

1. What, exactly, is the “fruit” of an arbitral proceeding?

2. In a somewhat intricate fashion, this question arises for consideration in the present case, which presents an interesting conundrum regarding the scope of Section 9(1)(ii)[ 9. Interim measures, etc., by Court.—

(1) A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court –

****

(ii) for an interim measure of protection in respect of any of the following matters, namely: –

(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;

(b) securing the amount in dispute in the arbitration;

(c) the detention, preservation or inspection of any property or thing which is the subject matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or author

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