Bombay High Court

ICICI Home Finance Company LimitedversusDeepak Kumar

Decided: 18 September 2026
Disposal: DISPOSED OFF

Holding

The court confirmed the interim reliefs and directed the petitioner to constitute the arbitral tribunal within 60 days.

Summary

The High Court of Bombay, in Commercial Arbitration Petition No.187 of 2026, confirmed the interim reliefs granted on 16 February 2026 (prayer clauses c, e, and f) after the respondent failed to appear despite being served. The court ordered the petitioner, ICICI Home Finance Company Limited, to constitute the arbitral tribunal within 60 days. No further arguments were presented by the respondent. Consequently, the petition was disposed of following the confirmation of the interim orders.

Issues considered

What is the appropriate course of action when a respondent fails to appear after being served in a commercial arbitration petition?
Should the interim reliefs previously granted be confirmed and enforced?

Subjects

commercial arbitration
interim relief
arbitral tribunal
non-appearance
petition disposal

Judgment

                                                                         60-ARBP-187-2026.doc



                                                                                   Sayali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                   IN ITS COMMERCIAL DIVISION
SAYALI
DEEPAK                   COMMERCIAL ARBITRATION PETITION NO.187 OF 2026
UPASANI
                   ICICI Home Finance Company Limited             … Petitioner
Digitally signed
by SAYALI                   V/s.
DEEPAK
UPASANI            Deepak Kumar                                   … Respondent
Date: 2026.09.18
17:58:16 +0530


                   Mr. Ajay Deshmane i/b V. Deshpande and Co., for
                   Petitioner.
                                           CORAM : AMIT BORKAR, J.

                                                  DATED       : SEPTEMBER 18, 2026
                   P.C.:

                   1.      This Court by an order dated 16 February 2026, granted
                   reliefs in terms of prayer clauses ‘c’, ‘e’ and ‘f’. The Respondents
                   are     thereafter   served.   However,     none   appears    for    the
                   Respondents.

                   2.      Hence, for the reasons stated in the order dated 16
                   February 2026, ad-interim relief in terms of prayer clauses ‘c’, ‘e’
                   and ‘f’ stands confirmed. The Petitioner to take steps for the
                   constitution of the Arbitral Tribunal within 60 days.

                   3.      The Petition stands disposed of.


                                                                 (AMIT BORKAR, J.)




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Ajay Deshmane