Bombay High Court

ADVANI INFRASTRUCTURESversusSHRI DWARKA CO-OPERATIVE HOUSING SOCIETY LIMITED

Decided: 13 January 2026
Disposal: DISPOSED OFF
Bench: ARIF S DOCTOR

Holding

The Section 9 petition was disposed of as the petitioner is not desirous of pursuing it, with the matter to be addressed under Section 17.

Summary

Advani Infrastructures filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 challenging the arbitration proceedings against Shri Dwarka Co-operative Housing Society Limited. The petitioner later expressed that it no longer wishes to pursue the Section 9 petition and will instead file an application under Section 17 before the arbitrator. The court noted the petitioner’s election and, finding no further issue to be decided under Section 9, disposed of the petition. The court also observed that any matters under Section 11 will be decided on their own merits at a later stage. Consequently, the Section 9 petition was dismissed without prejudice to future proceedings.

Issues considered

Whether the Section 9 petition should be entertained when the petitioner elects to file a Section 17 application before the arbitrator

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11, 17, 9

Subjects

Arbitration
Section 9 petition
Section 17 application
Court jurisdiction
Petition disposal

Judgment

                                            1/1                43-ARBP-80-2024 (OS).DOC




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


                        ARBITRATION PETITION NO. 80 OF 2024
Advani Infrastructures                                                    ...Petitioner
          Versus
Shri Dwarka Co-operative Housing Society Limited & Anr.                   ...Respondents
                                         _______
Mr. Sarthak Utangale i/b Utangale & Co., for the Petitioner.
Mr. Amogh Singh a/w Ms. Ekta Dalvi i/b Vishal Acharya, for Respondent No.1.
                                         _______
                                             CORAM         :       ARIF S. DOCTOR, J.
                                             DATE          :       13th JANUARY, 2026

P.C.
1.        Learned counsel for the Petitioner submits that the Petitioner is not

desirous of pressing the present Section 9 Petition, since the Petitioner will file

an appropriate application under Section 17 of the Arbitration and Conciliation

Act, 1996 before the learned arbitrator.

2.        In light of this, nothing further survives in this Section 9 Petition, and the

same is accordingly disposed of.

3.        Needless to state that Section 11 shall be decided on its own merits.




                                                                   [ARIF S. DOCTOR, J.]




Vaibhav

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Sarthak Utangale