Calcutta, May 1 -- In a significant ruling, the Calcutta High Court bench of Justice Shampa Sarkar has held that interim relief under Section 9(3) of the Arbitration and Conciliation Act, 1996 cannot be granted unless it is demonstrated that the remedy under Section 17 of the Act is ineffective.

The High Court emphasised that the remedy available under Section 17 must be exhausted before approaching the court under Section 9(1) for interim measures.

Accordingly, the Court dismissed the petition filed by Lakhotia Metalizers Private Limited, terming it premature, as the petitioner had not first applied for relief before the arbitral tribunal.

The Court clarified that under Section 18(3) of the Micro, Small and Medium Enterprises Developm...