Bombay High Court

Ajit B SatamversusVishnu M Jadhav

Decided: 3 September 2026
Disposal: DISPOSED OFF

Holding

The petition under Section 9 is converted into an application under Section 17 and the petition is disposed of, leaving the merits to be decided by the arbitrator.

Summary

The petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 was converted into an application under Section 17 because an arbitrator had already been appointed and the arbitral tribunal constituted. The court held that the merits of the parties' contentions would be decided by the arbitrator, and the Section 17 application should be decided expeditiously. Consequently, the court disposed of the petition without adjudicating the substantive disputes. The order essentially directed the parties to proceed before the arbitral tribunal for resolution of their differences.

Issues considered

What is the appropriate procedural route when an arbitrator is already appointed and the arbitral tribunal is constituted – a petition under Section 9 or an application under Section 17 of the Arbitration and Conciliation Act, 1996?

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 17, 9

Subjects

Arbitration
Section 9
Section 17
Arbitral Tribunal
Petition conversion
Disposition

Judgment

                                                                           41-ARBP-373-2026.doc


                   Sayali
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION

                                  ARBITRATION PETITION NO. 373 OF 2026

                   Ajit B Satam                                     … Petitioner
                               V/s.
SAYALI             Vishnu M Jadhav                                  … Respondent
DEEPAK
UPASANI
                   Mr. Bhavesh Parmar with Rajesh Sahani with Mamta
Digitally signed
by SAYALI
                   Shah i/b Mamta Shah, for petitioner.
DEEPAK
UPASANI
Date: 2026.09.03
                   Adv. D. Shukla, mr. Rajesh Kumar Shukla, Mr. Vishal
17:53:11 +0530
                   Tiwari


                                                  CORAM        : AMIT BORKAR, J.

                                                  DATED        : SEPTEMBER 3, 2026
                   P.C.:

                   1.       Since the Arbitrator is already appointed and the Arbitral
                   Tribunal is constituted, the present Petition under Section 9 is
                   converted into an application under Section 17. The merits of the
                   contentions of both parties are kept open before the Arbitrator.

                   2.       The application under Section 17 shall be decided as
                   expeditiously as possible.

                   3.       The petition is disposed of.


                                                                    (AMIT BORKAR, J.)




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