Delhi High Court considers ad-interim protection under Order XXXIX CPC in Section 9 Arbitration petitions

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Published 29 October 2026

Bottom Line Up Front (BLUF)

In Thor Ventures (Opc) Private Limited vs Nyeq Technologies Private Limited, decided on 2026-10-28, the Delhi High Court, through Tushar Rao Gedela, J., considered applications for ad-interim protection under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, concerning properties that are the subject matter of petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996.

Ratio Decidendi · Legal Principle Established

The court considered applications for ad-interim protection under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, in the context of petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996.

Practice & Procedural Impact for Advocates

Advocates seeking interim protection in arbitration matters should file applications under Order XXXIX Rules 1 and 2 CPC, citing Section 151 CPC, alongside their Section 9 petitions under the Arbitration and Conciliation Act, 1996. Litigants should be prepared to present arguments for ad-interim relief concerning specific properties.

Key Legal Takeaways

1Interim protection in arbitration proceedings can be sought via Order XXXIX Rules 1 and 2 CPC.
2Section 151 CPC is often invoked alongside Order XXXIX for inherent powers.
3Section 9 of the Arbitration and Conciliation Act, 1996, allows for interim measures by court.

The Legal Issue This matter concerns applications filed by the petitioner, Thor Ventures (Opc) Private Limited, seeking ad-interim protection regarding two specific properties located in DLF City, Phase-I, Gurugram, Haryana. These applications were brought under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (CPC). The underlying petitions, O.M.P. (I) (COMM) 461/2026 and O.M.P. (I) (COMM) 462/2026, were filed under Section 9 of the Arbitration and Conciliation Act, 1996, which allows a party to apply to a court for interim measures before or during arbitral proceedings, or at any time after the making of the arbitral award but before it is enforced.

Court's Reasoning The Delhi High Court, presided over by Tushar Rao Gedela, J., was seized of the applications for ad-interim protection. The court's consideration revolved around the petitioner's request for immediate protective orders concerning the specified properties. The applications invoked the provisions of Order XXXIX Rules 1 and 2 CPC, which deal with temporary injunctions, and Section 151 CPC, which preserves the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. The context of these applications within Section 9 petitions of the Arbitration and Conciliation Act, 1996, indicates that the petitioner sought to secure the subject properties pending the commencement or during the pendency of arbitration proceedings.

What Follows The court considered the applications for ad-interim protection. The outcome of these specific applications for ad-interim relief would determine whether the properties bearing No. A-211 and B-7/4, DLF City, Phase-I, Gurugram, Haryana, would be subject to protective orders pending further proceedings in the Section 9 petitions.