When The Main Relief Is Rejected By The Arbitral Tribunal, Which Included Interim Relief ,The Interim Relief Granted In Isolation Is Incorrect: Delhi High Court
Live LawThe Delhi High Court has ruled that when the main relief claimed by the claimant has been rejected by the Arbitral Tribunal, the Arbitral Tribunal cannot award an interim or ancillary amount, which is included under the same claim, in favour of the claimant. The Single Bench of Justice Sanjeev Narula held that when the main relief is rejected by the Arbitral Tribunal, axiomatically, the interim relief ought to be rejected as well. The petitioner Orchid Infrastructure submitted before the High Court that since the Arbitrator had rejected the main claim of the respondent regarding the expenditure incurred on the work executed by it, which included a claim for interim relief, the Arbitrator could not have award the said interim relief to the respondent. The Court observed that the amount awarded in favour of the respondent was included in the main relief sought by the respondent, which was rejected by the Arbitral Tribunal.