New Delhi, Sept. 30 -- The Supreme Court has held that a High Court cannot transfer an appeal under Section 37 of the Arbitration and Conciliation Act against a Section 9 interim order to an Arbitral Tribunal for treatment as an application under Section 17, even with the parties' consent.

A bench of Justices Aravind Kumar and Prasanna B Varale set aside a Bombay High Court direction remitting such proceedings to an Arbitral Tribunal, observing that the powers under Sections 9, 17 and 37 arise from distinct sources of jurisdiction.

The bench observed that an arbitral tribunal exercising powers under Section 17 does not exercise appellate jurisdiction over an order passed by a competent court under Section 9.

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