In Brief
Two companies, Arcelor Mittal Nippon Steel India and Essar Bulk Terminal, had a cargo-handling agreement containing an arbitration clause. A dispute arose, and the first company filed applications for interim relief in the Commercial Court under Section 9 of the Arbitration Act (1996). Before the Court could decide, an Arbitral Tribunal was constituted. The high court held the Commercial Court could still proceed with the interim relief applications. The Supreme Court clarified that once an application for interim relief has been "entertained"—meaning heard and considered by the Court before the Tribunal is formed—the Court can finish deciding it without re-examining whether the Tribunal's powers under Section 17 would suffice. However, new applications filed after Tribunal constitution require proof that the Tribunal cannot effectively help. The appeal was allowed to clarify this distinction.
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