Courts may waive procedural requirements under arbitration law, including pre-arbitration notices and separate appointment applications, when parties consensually agree to refer current interim relief petitions directly to a sole arbitrator for adjudication as interim measures. This promotes judicial efficiency and expeditious resolution of commercial disputes.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Sections 9, 11, 12, 17, and 21 - Interim protection - Conversion of petition - Parties consensus - Appointment of arbitrator - Where parties are in consensus to refer the dispute to arbitration directly to avoid delays, court is empowered to dispense with statutory requirements like the filing of a formal application for appointment of an arbitrator and the issuance of a pre-arbitration notice - A petition initially filed for interim protection can be treated as an application before the appointed arbitrator for equitable relief. (Paras 3-6, 9)

(B) Judicial intervention - Court discretion - Judicial economy - Where substantive adjudication is possible through mutual agreement, the court promotes efficient resolution by bypassing procedural hurdles to enable the tribunal to assume jurisdiction immediately for interim relief. (Paras 5, 6)

Facts of the case:
The petitioner filed a petition for interim relief against the respondent, seeking to prevent unlawful interference with business operations, eviction, and utility disruptions at the leased premises. During the hearing, the parties agreed to resolve the disputes through arbitration and suggested that the current petition be treated as an application for interim measures before a sole arbitrator.

Findings of Court:
The court acknowledged the mutual consent of the parties to arbitration. Consequently, it dispensed with the requirements of serving a pre-arbitration legal notice and filing a separate application for the appointment of the arbitrator, appointing a sole arbitrator to adjudicate the disputes and consider the pending application for interim relief.

Issues: Whether the court can dispense with statutory procedural requirements under the arbitration law when both parties mutually consent to arbitration and the direct appointment of an arbitrator to address pending applications for interim relief.

Ratio Decidendi: When parties are ad idem regarding the arbitration of their disputes, procedural formalities involving formal notices and separate applications can be waived by the court to facilitate expeditious access to justice and avoid undue delay in the adjudication of interim reliefs.

Result: Petition disposed of by referring disputes to a sole arbitrator.

Table of Content
1. basis of dispute arising from contractual lease and arbitration agreement. (Para 1 , 2 , 7)
2. consent of parties to bypass formal procedural requirements for arbitration. (Para 3 , 4 , 5 , 6)
3. appointment of sole arbitrator and disposal of section 9 application as section 17. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)

JUDGMENT :

Harish Vaidyanathan Shankar, J.

1. The present Petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 [“Act”], seeking the following reliefs:

a. Restrain the Respondents, directly or through persons/ individuals claiming under/ through them from interfering with the day to day affairs of the business of the Petitioner being run at the Ground Floor admeasuring 877 sq. ft. and the First Floor, admeasuring 900 sq. ft, along with a frontage of 29 feet and a façade of 30 feet in the Building located at Vishakhapatnam District, Madhurwasa Sub Registered Area, Chinagadili Mnadal Yendada Gram Panchayar, Yendada Village, Zerocity Dty Patta No. 151, Survey No. 10 part, in any manner whatsoever, till initiation of the arbitral proceedings, its pendency and till the outcome of the arbitral proceedings under Lease Deed dated 06.12.2024 and the Addendum dated 11.04.2025; and

b. Restrain the Respondents, directly or through persons/ individuals claiming under/through them from unlawfully dispossessing o1 causing to unlawfully dispossess or evict the Petitioner from the Leased Premises without following the due process of law, in any manner whatsoever, till initiation of the arbitral proceedings, its pendency and till the outcome of the arbitral proceedings under Lease Deed dated 06.12.2024 and the Addendum dated 11.04.2025; and

c. Restrain the Respondents, directly or through persons/ individuals claiming under/ through them from disrupting the electricity supply and other utilities of the Petitioner being run at the Leased Premises, in any manner whatsoever, till initiation of the arbitral proceedings, its pendency and till the outcome of the arbitral proceedings under Lease Deed dated 06.12.2024 and the Addendum dated 11.04.2025; and

d. Restrain the Respondents, directly or through persons/ individuals claiming under/ through them or any of its agencies from obstructing the ingress and egress in relation to the Leased Premises, in any manner whatsoever, including but not limited to use of force or locks, till initiation of the arbitral proceedings, its pendency and till the outcome of the arbitral proceedings under Lease Deed dated 06.12.2024 and the Addendum dated 11.04.2025; and

e. Direct the Respondents to extend all necessary cooperation and assistance to the Petitioner to enable continuation of business operations at the Leased Premises, including ensuring unhindered access and availability of agreed facilities in terms of the Lease Deed dated 06.12.2024 and the Addendum dated 11.04.2025; and

f. Pass ex-parte ad-interim, and interim, relief in terms of Prayer 'a', "b' 'c', 'd'and 'e' above; and..”

2. The disputes are stated to have arisen out of a Lease deed dated 06.12.2024 [“Lease Deed”] read with addendum thereto dated 11.04.2025 [“Addendum”]. The Lease Deed contains a dispute resolution clause, being Clause 13 [“Arbitration clause”], which stipulates adjudication of disputes between the parties by way of Arbitration. The aforesaid Clause is reproduced herein under for ready reference:

“13. ARBITRATION

13.1 Any dispute or difference arising between the Parties shall be resolved amicably at the first instance. Unresolved disputes, shall be submitted to arbitration to a sole arbitrator. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act 1996 along with the Rules there under and any amendments thereto. The arbitration shall be conducted in English. The decision/award of the arbitrator shall be final/conclusive and binding on the Parties. The seat and venue of the arbitration shall be at New Delhi.”

3. After adv

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