C O M M O N J U D G M E N T

(Order of the Court was made by S.M.Subramaniam J.)

Under assail is the judgment delivered on 30.10.2025 by the learned Single Judge of this Court in Original Application Nos.997 and 998 of 2025 and Arbitration Application No.1374 of 2025. Applicant in all the applications is the appellant in the present Original Side Appeals. All the applications have been instituted under Section 9 (1)(d) of “the Arbitration and Conciliation Act , 1996” [hereinafter referred as “Act, 1996”] praying for an interim relief.

2. The learned Single Judge dismissed the applications mainly on the ground that Section 9 application is not maintainable, since the appellant has already moved an Execution Petition before the competent Civil Court under the Code of Civil Procedure. During the pendency of the Execution Proceedings before the Competent Court, application under is not maintainable. Therefore, liberty is granted to the appellant to approach the Execution Court for securing appropriate interim relief or seeking enforcement of the arbitral award.

3. Since maintainability issue has been raised before the learned Single Judge, it necessitated this Court to first decide the ma