In Brief
Two cargo-handling companies disputed interim relief during arbitration. The appellant filed for interim measures in court under Section 9 of the Arbitration Act before the arbitral tribunal was constituted; both parties' applications were heard, reserved for judgment on 9 June 2021, then the tribunal was constituted on 9 July 2021. The question was whether the court must examine whether tribunal relief is adequate (under Section 17) before deciding already-heard applications. Held: the word "entertain" means "to take up for consideration and apply judicial mind." Once an application is fully heard and judgment reserved before the tribunal is constituted, the statutory bar to entertaining fresh applications (Section 9(3)) does not prevent the court from finishing its adjudication. The High Court correctly directed the Commercial Court to decide the reserved applications without re-examining tribunal efficacy.
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