https://www.taxtmi.com/caselaws?id=275305 After constitution of the arbitral tribunal, a court should ordinarily not entertain a pending Section 9 application for interim relief once Section 17 is available, because the post-amendment restriction is procedural and applies to pending court proceedings. The expression "entertain" was read as consideration on merits, so the bar operated even though the application had been filed earlier. Interim relief was therefore to be sought before the tribunal unless the applicant showed that the Section 17 remedy would be inefficacious. On the facts, no exceptional circumstance was shown, so the refusal of Section 9 relief was sustained, with only short status quo protection granted to allow recourse to Section 17. en-us Wed, 02 Mar 2016 00:00:00 +0530 Thu, 27 Sep 2018 06:41:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275305 After constitution of the arbitral tribunal, a court should ordinarily not entertain a pending Section 9 application for interim relief once Section 17 is available, because the post-amendment restriction is procedural and applies to pending court proceedings. The expression "entertain" was read as consideration on merits, so the bar operated even though the application had been filed earlier. Interim relief was therefore to be sought before the tribunal unless the applicant showed that the Section 17 remedy would be inefficacious. On the facts, no exceptional circumstance was shown, so the refusal of Section 9 relief was sustained, with only short status quo protection granted to allow recourse to Section 17. Case-Laws Indian Laws Wed, 02 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275305