The Himachal Pradesh High Court, in the case of Learning Curve Educational Trust vs. Indian Institute of Technology, has reaffirmed that the grant of interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, is governed by the well-established tests of prima facie case, balance of convenience, and irreparable loss.
The court, in its judgment dated May 27, 2026, emphasized that these three criteria must be satisfied before any interim relief can be granted. The decision clarifies the legal standards for parties seeking urgent protective orders in arbitration matters.
The case involved a dispute between the Learning Curve Educational Trust and the Indian Institute of Technology. The court's ruling provides guidance on the application of Section 9, which allows courts to pass interim orders before or during arbitral proceedings.
Legal experts note that this judgment reinforces the consistent judicial approach in arbitration law, ensuring that interim relief is not granted lightly and only when the applicant demonstrates a strong case on merits, a risk of irreparable harm, and that the balance of convenience favors the grant of relief.
