Bombay High Court
ICICI Home Finance Company LimitedversusKiran Brijendra Killawala
- Decided
- Disposal
- DISPOSED OFF
Holding
The interim relief shall continue to operate during the pendency of the arbitral proceedings or until the hearing and disposal of the Section 17 application, whichever is earlier.
Summary
The High Court of Bombay entertained an arbitration petition filed by ICICI Home Finance Company Limited against Kiran Brijendra Killawala. Earlier, on 10 June 2025, the Court had granted ad‑interim relief under prayer clauses (c) and (d) of the petition. The present order considered whether that interim relief should remain in force pending the arbitral proceedings or the filing of an application under Section 17 of the Arbitration and Conciliation Act, 1996. The Court held that the interim relief would continue to operate until either the arbitral proceedings conclude or the Section 17 application is heard and disposed of, whichever occurs first. Accordingly, the arbitration petition was disposed of subject to the continuation of the interim relief.
Issues considered
- Whether the ad‑interim relief granted earlier should continue to operate during the pendency of the arbitral proceedings or until the hearing and disposal of an application under Section 17 of the Arbitration and Conciliation Act, 1996.
Legislation cited
Subjects
- Arbitration
- Interim relief
- Section 17
- High Court
- Arbitration petition
Judgment
26-ARBP-424-2025.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
ORDINARY ORIGINAL CIVIL JURISDICTION
SHABNOOR SHABNOOR
AYUB PATHAN
AYUB Date:
PATHAN 2026.09.30
18:02:45
+0530
ARBITRATION PETITION NO.424 OF 2025
ICICI Home Finance Company Limited … Petitioner
V/s.
Kiran Brijendra Killawala … Respondent
Mr. Ajay Deshmane i/b V. Deshpande & Co., for the
Applicant/Petitioner.
Mr. Abhijit Aher i/b Suyash N. Khose, for Respondent.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 30, 2026
P.C.:
1. Since this Court, by its order dated 10 June 2025, had
granted ad-interim relief in terms of prayer clauses (c) and (d), the
said relief shall continue to operate during the pendency of the
arbitral proceedings or until the hearing and disposal of an
application under Section 17 of the Arbitration and Conciliation
Act, 1996, whichever is earlier.
2. The Arbitration Petition stands disposed of in the aforesaid
terms.
(AMIT BORKAR, J.)
1
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