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 it.

ORDER :

N.ANAND VENKATESH, J.

This is an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) seeking an order of ad- interim injunction restraining the respondents from alienating the property which forms the subject matter of the execution petition in EP 31 of 2023 on the file of the Principal District Judge at Chengalpet.

2. Heard both.

3. The applicant is the decree-holder. The applicant had initiated arbitration proceedings against the respondents which culminated into an arbitral award dated 26.05.2022 awarding a sum of Rs 10,04,25,376 together with interest at the rate of 18 % per annum. The award has remained unchallenged and has become final. The applicant levied execution proceedings under Section 36 of the Act in E.P 31 of 2023 before the District Court, Chengalpet. In the execution application, the applicant invoked Order XXI Rules 54 & 66 and sought attachment and sale of the property of the respondent/judgment debtors. During the pendency of the EP, the instant petition has been filed under Section 9 of the Act seeking an order of ad-interim injunction restraining the judgment debtors from alienating or encumbering the properties which form the subject matter of the EP before the executing court.

4. When the matter had come up on 23.02.2026, I enquired from the learned counsel for the applicant as to how an application under Section 9 could be entertained seeking the relief of injunction when the applicant had already commenced proceedings in EP 31 of 2023 which was still pending before the executing court. The learned counsel for the applicant brought to my notice a decision of a Full Bench of this Court in B.M.Insulation Private Limited Vs. Vardeep Petro Chemical Private Limited  in Arbitration Application No.374 of 2025 and 628 of 2025, dated 21.01.2026. It was contended that till the award is satisfied in the execution proceedings pending, an application under of the Act can be filed.

5. Section 9 of the Act empowers the Court to grant interim measures in favour of a party at three distinct stages ie., (a) before (b) during arbitral proceedings or (c) at any time after the making of the arbitral award but before it is enforced in accordance with section 36. In Gopuram Enterprises v Integrated Finance Limited, AIR 2021 Mad 119, the question before the Division Bench was whether an application under was maintainable at the post award stage to direct discovery of the assets of the judgment- debtor. The Court went on to observe:

“To the extent that a post-award application for interim measures may be regarded as something in aid of the award by way of its enforcement, the doors of a Court under of the Act will be open to an award-holder till such time that the award becomes enforceable. Once the award ripens for implementation, it has per force to be executed in accordance with the Code.”

6. In other words, the Division Bench held that the the doors of the Section 9 Court would remain open only till such time the award became enforceable. As is common knowledge, an arbitral award becomes enforceable in terms of Section 36 (1) which is as follows:

“(1) Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the cour