Bombay High Court
ICICI Home Finance Company LimitedversusRahul Vinay
- Decided
- Disposal
- DISPOSED OFF
Holding
Ms. Aneesa Cheema was appointed as the sole arbitrator to adjudicate the disputes between the parties.
Summary
The High Court, acting on an arbitration application filed by ICICI Home Finance Company Limited against Rahul Vinay and others, had earlier granted interim relief pending arbitration. The parties consented to the appointment of Ms. Aneesa Cheema as the sole arbitrator to resolve disputes arising from their agreement. The Court directed that the interim relief continue until the arbitrator renders a decision under Section 17 of the Arbitration and Conciliation Act, 1996. It also mandated the arbitrator to file statutory disclosures under Sections 11(8) and 12(1) of the Act and to communicate them to both parties. The costs of the arbitration were ordered to be borne equally by the parties, subject to the final award. All substantive contentions remain open for determination by the arbitrator.
Issues considered
- Whether the Court may appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
- Whether the interim relief granted earlier should continue pending the arbitral proceedings under Section 17 of the Act.
- What are the disclosure obligations of the arbitrator under Sections 11(8) and 12(1) of the Act.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1), 17
Subjects
- Arbitration
- Sole arbitrator
- Interim relief
- Section 11 disclosure
- Section 17 continuation
- Arbitration costs
- Arbitration and Conciliation Act
Judgment
53-arbp-189-2026.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 189 OF 2026
ICICI Home Finance Company Limited … Applicant
V/s.
Rahul Vinay & Ors. … Respondents
Mr. Ajay Deshmane i/b V. Deshpande & Co., for the
Petitioner.
Ms. Hitisha Poddar, for Respondents.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 9, 2026
P.C.:
SHABNOOR
AYUB
PATHAN 1. This Court, by order dated 28 January 2026, granted ad-
Digitally signed
by SHABNOOR
AYUB PATHAN
interim relief in terms of prayer clause (c). For the reasons
Date: 2026.09.09
19:37:24 +0530 recorded in the said order, the said relief shall continue during the
pendency of the arbitration proceedings or until the decision of the
learned Arbitrator under Section 17 of the Arbitration and
Conciliation Act, 1996, in the event any party files an application
seeking vacation or modification of the said order.
2. By consent of parties following order is passed
A) Ms. Aneesa Cheema, an advocate of this Court , is
hereby appointed as the Sole Arbitrator to adjudicate upon
the disputes and differences between the parties arising out
of and in connection with the Agreement referred to above;
Office Address:- C/o Mayur Khandeparkar, 102, 1st floor,
Oval house, old Brtish Hotel Lane, Kala Ghoda, Fort, Mumbai
1
53-arbp-189-2026.doc
Email ID: [email protected]
B) A copy of this Order will be communicated to the
Learned Sole Arbitrator by the Advocates for the Applicant
within a period of one week from today. The Applicant shall
provide the contact and communication particulars of the
parties to the Arbitral Tribunal along with a copy of this
Order;
C) The Learned Sole Arbitrator is requested to forward the
statutory Statement of Disclosure under Section 11(8) read
with Section 12(1) of the Act to the Advocates for the
Applicant so as to enable them to file the same in the
Registry of this Court. The Registry of this Court shall retain
the said Statement on the file of this Applicant and a copy of
the same shall be furnished by the Advocates for the
Applicant to the Advocates for the Respondent;
D) The Learned Sole Arbitrator is requested to forward the
statutory Statement of Disclosure under Section 11(8) read
with Section 12(1) of the Act to the parties within a period
of two weeks from receipt of a copy of this Order;
E) The parties shall appear before the Learned Sole
Arbitrator on such date and at such place as indicated, to
obtain appropriate directions with regard to conduct of the
arbitration including fixing a schedule for pleadings,
examination of witnesses, if any, schedule of hearings etc. At
such meeting, the parties shall provide a valid and functional
email address along with mobile and landline numbers of the
2
53-arbp-189-2026.doc
respective Advocates of the parties to the Arbitral Tribunal.
Communications to such email addresses shall constitute
valid service of correspondence in connection with the
arbitration;
F) All arbitral costs and fees of the Arbitral Tribunal shall
be borne by the parties equally in the first instance, and shall
be subject to any final Award that may be passed by the
Tribunal in relation to costs.
3. All contentions of the parties on merits are kept open to
adjudicate before the arbitrator.
4. For remaining prayers, it shall be open for parties to apply
before arbitrator.
(AMIT BORKAR, J.)
3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.