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Poonam Dua vs. Bimla Arora

Original Miscellaneous Petition (Interim) · 2026:DHC:7755Decided 10 Sept 2026New Delhi Bench
O.M.P.(I) 13/2026CNR: DLHC010418072026
Justice Om Prakash Shukla

Background

The petitioner had approached the High Court seeking urgent interim protection in a dispute that was also the subject of a separate arbitration-appointment petition. By the time this matter came up, an arbitrator had already been appointed in that related proceeding (ARB.P. 1252/2026).

Decision Breakdown

Since an arbitrator was already in place, the Court held that the present request for interim measures should now be pursued directly before that arbitrator, under Section 17 of the Arbitration and Conciliation Act, rather than continuing before the High Court. The petition was disposed of on this short basis, with pending applications also closed.

Lesson Learnt

Once an arbitral tribunal has been formed, requests for urgent interim protection ordinarily belong before the arbitrator (Section 17), not the court: the court's power to grant such relief directly is meant as a stop-gap before a tribunal exists.

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