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Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi

Civil Appeal · 2026 INSC 415Decided 24 Apr 2026
C.A. No.-006716-006716 - 2026 (arising out of SLP(C) Nos. 29972/2015, 26876/2014 & 11139/2020)
Justice Manoj Misra · Justice Manmohan

Background

This batch of three connected appeals raised a common legal question: can a party that has already lost an arbitration case, and has no award in its favour, still ask a court for temporary/interim protection (such as securing disputed money or property) under Section 9 of the Arbitration and Conciliation Act, 1996, while it challenges the award? Different High Courts across India had taken opposing views on this (Bombay, Delhi, Madras and Karnataka High Courts said no, while Telangana, Gujarat and Punjab & Haryana High Courts said yes) creating conflicting law nationally. The Supreme Court took up these appeals, including one from Bombay High Court against Home Care Retail Marts, to settle the conflict.

Decision Breakdown

The Supreme Court held that any party to an arbitration, including one who lost in the arbitration, can invoke Section 9 to seek interim protection at the post-award stage. It reasoned that Section 9 protects the "subject matter" or "amount in dispute," a broader concept than merely protecting the "fruits" of a winning party's award, and that denying this remedy to a losing party would leave it with no way to protect its interests while its Section 34 challenge to the award is pending. The Court overruled the contrary view taken by the Bombay, Delhi, Madras and Karnataka High Courts, while approving the view of the Telangana, Gujarat and Punjab & Haryana High Courts. However, it clarified that courts must apply a higher threshold and greater caution before granting such relief to an unsuccessful party, to prevent misuse. The appeal arising from SLP(C) No. 11139/2020 was disposed of, while the other two appeals were listed for hearing on merits after four weeks.

Lesson Learnt

Losing an arbitration case does not automatically shut the door on seeking court protection for disputed money or property while you challenge the award, but courts will scrutinise such requests more strictly than those from a winning party, and will only grant relief in genuinely deserving cases.

Official source (sci.gov.in)View Judgment (PDF)

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