Interim reliefs under the arbitration act cannot be given to an unsuccessful party in the arbitration proceedings. 

👉The Bengaluru District Court, in the case of Overseas Pharma Private Limited vs Rajya Vokkaligara Sangha (Case Reference: COM.A.A. 241/2024), on 16/10/2024, highlighted this principle.

👉The court referred to a judgment by the Bombay High Court, stating that rejected claims in arbitration proceedings cannot be protected through interim reliefs under section 9 of the arbitration act.

👉Additionally, when an arbitral award is set aside under section 34, rejected claims are not decreed. The purpose of interim measures post-award is to secure property, goods, or amounts for the benefit of the enforcing party.

👉In this case, the applicant’s request for interim relief under section 9 was dismissed as the unsuccessful party cannot seek such measures. The court upheld that parties with rejected claims during arbitration proceedings cannot enforce arbitral awards under Sec.36.

👉The application was consequently rejected, emphasizing the court’s stance on interim reliefs for unsuccessful parties in arbitration.