Prevention of Section 9 abuse and preservation of party autonomy

The legislative objective underlying Section 9(2) of the Arbitration and Conciliation Act, 1996 is to prevent litigants from abusing interim protection orders by securing injunctions without actually pursuing the underlying arbitration. However, forcing parties to prematurely file Section 11 court applications simply to maintain an interim order—even while private appointment discussions are underway or right after a Section 21 notice has been served—destroys party autonomy and contractual flexibility. As long as a Section 21 notice has been served within ninety days, the statutory safeguard against abuse is fully satisfied. (Regenta Hotels Private Limited v. M/s Hotel Grand Centre Point | 2026 INSC 32)