Supreme Court Clarifies Post-Award Relief Under Section 9
The Hon’ble Supreme Court in the case of Home Care Retail Marts Pvt. Ltd. vs. Haresh N. Sanghavi (2026 INSC 415) has resolved an important conflict among decisions of various High Courts pertaining to whether an unsuccessful party in arbitration can invoke Section 9 of the Arbitration and Conciliation Act, 1996 after the award has been passed but prior to enforcement. The interpretation of the term ‘party’ was of significance in this case. The High Courts of Bombay, Delhi, Madras and Karnataka had held that, post rendering of an award, relief available under Section 9 protects the fruits of the award and is therefore not available to the losing party. However, the High Courts of Telangana, Gujarat and Punjab and Haryana had taken the contrary view.
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