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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, SYAM KUMAR V.M.
E D & F Man Liquid Products Italia Srl – Appellant
Versus
Emil Traders Private Limited – Respondent
| Table of Content |
|---|
| 1. basis of appeal regarding denial of interim relief. (Para 1 , 2) |
| 2. arguments presented by appellants for securing awarded sum. (Para 3) |
| 3. counterarguments from the respondent regarding award enforceability. (Para 4 , 5) |
| 4. court's observations on the powers of section 9 of a & c act. (Para 6 , 7 , 8) |
| 5. clarification of interim relief conditions and precedents. (Para 9 , 10 , 11) |
| 6. final orders regarding asset disclosure and interim relief. (Para 12) |
| 7. concluding remarks on the appeal outcome. (Para 13 , 14) |
JUDGMENT :
Soumen Sen , C.J .
This appeal under Section 37 (1)(b) of the Arbitration and Conciliation Act, 1996 (in short “A & C Act, 1996”) is filed against the order dated 24 February 2026 in OP(ICA) No.1 of 2025, to the extent it denies an interim relief of securing the awarded sum and disclosing the assets by an affidavit under Section 9 of the said Act.
2. The appellants/petitioners are foreign companies. The Arbitral Award was put to execution and the execution application is pending. During the pendency of the said proceeding, an application under Section 9 of the A & C Act, 1996 was filed praying, inter alia, for attachment before judgment. The said applica
Section 9 of Arbitration and Conciliation Act grants wide powers to courts for securing amounts in dispute to prevent asset diminishment before enforcement of arbitral awards.
The main legal point established in the judgment is that the Court applied the principles of strong prima facie case and weighing the balance of convenience in favor of the respondent company in gran....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
The court reinforced that unilateral appointment of an arbitrator violates the Arbitration and Conciliation Act, leading to invalid proceedings, hence, a new arbitrator must be appointed.
(1) There is no hard and fast rule that application made earlier in point of time must be heard before application made later in point of time.(2) Under Section 36 of Arbitration and Conciliation Act....
An application under Section 9 of the Arbitration and Conciliation Act can be maintained post-arbitral award until satisfaction of the award, but the court retains discretion on whether to entertain ....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
The financial distress of a party cannot justify securing unadjudicated claims as interim relief under Section 9 of the Arbitration Act; a prima facie case, balance of convenience, and irreparable ha....
Section 9 of the Arbitration and Conciliation Act allows for interim measures to prevent dissipation of assets pending enforcement of arbitral awards, even before the actual enforcement process.
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