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Bombay High Court

ICICI Home Finance Company LimitedversusBarkat Salim Tamboli

Decided
Disposal
DISPOSED OFF

Holding

The Section 9 petition is converted into a Section 17 application and the interim order continues to operate.

Summary

The petitioner, ICICI Home Finance Co. Ltd., filed a Section 9 petition seeking appointment of an arbitrator under the Arbitration and Conciliation Act, 1996. The petitioner submitted evidence that a sole arbitrator had already been appointed under the Home Loan Facility Agreement dated 29 November 2024, along with a copy of the court's order dated 8 April 2026 confirming the appointment. The court held that, since the arbitrator was already in place, the Section 9 petition could be converted into a Section 17 application to allow the parties to raise their contentions before the tribunal. The interim order dated 11 August 2025 was ordered to remain in force unless altered by the tribunal. Consequently, Arbitration Petition No. 517 of 2025 was disposed of after conversion.

Issues considered

  • Whether a Section 9 petition seeking appointment of an arbitrator can be converted to a Section 17 application when an arbitrator has already been appointed
  • Whether the interim order dated 11 August 2025 should continue to operate pending the tribunal's decision

Legislation cited

Subjects

  • Arbitration
  • Section 9 petition
  • Section 17 application
  • Appointment of arbitrator
  • Interim order

Judgment

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

             ARBITRATION PETITION NO.517 OF 2025
ICICI Home Finance Company Limited                  .. Petitioner
            Vs.
Barkat Salim Tamboli and Anr.                       .. Respondents


Mr. Nikhil Rajani with Mr. Ajay Deshmane, Advocates, i/by V.
Deshpande & Co., for the Petitioner.
None for the Respondents.


                           CORAM : GAUTAM A. ANKHAD, J.

                           DATE         : 28TH APRIL 2026.

P.C. :

1.       Mr. Rajani, learned advocate appearing on behalf of the

Petitioner states that the sole Arbitrator has already been appointed

in relation to the disputes that have arisen under the Facility

Agreement for Home Loan dated 29th November 2024. He tenders a

copy of the order dated 8th April 2026 passed by a learned Single

Judge of this Court in Arbitration Application (Lodging) no.34169

of 2025.



2.       In view thereof, the present Section 9 Petition is allowed to

be converted into a Section 17 Application. All rights and


                                  1/2
14-ARBP-517-2025.doc                                                     Dixit
                            contentions of the parties are kept open to be agitated under Section

                            17 application before the Tribunal. The interim order dated 11 th

                            August 2025 passed in this matter shall continue to operate unless

                            so modified by the Tribunal after hearing the parties.



                            3.      Arbitration Petition no.517 of 2025 is disposed of

                            accordingly.



                                                                   [ GAUTAM A. ANKHAD, J. ]




         Digitally signed
SNEHA by SNEHA
      ABHAY DIXIT
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ABHAY 2026.04.28
      Date:                 14-ARBP-517-2025.doc                                                    Dixit

DIXIT 18:02:29
      +0530


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