Bombay High Court

TATA MOTORS FINANCE LIMITEDversusLALA PASI

Decided: 24 March 2026
Disposal: WITHDRAWN
Bench: ARIF S DOCTOR

Holding

The court dismissed the petition as withdrawn and deferred consideration of the conversion request pending appointment of an arbitrator.

Summary

Tata Motors Finance Ltd., the petitioner, filed multiple commercial arbitration petitions seeking interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, while a petition for the appointment of an arbitrator under Section 11 was pending. The petitioner’s counsel first requested leave to withdraw one of the petitions, which the court dismissed as withdrawn. Subsequently, the counsel sought permission to convert the pending Section 9 petitions into an application under Section 17, arguing that this could only be done after an arbitrator is appointed. The court noted the pending Section 11 petition and the ongoing settlement talks, and adjourned the matters to future dates for further hearing. No substantive merits were decided; the court merely managed procedural steps.

Issues considered

Whether the petitioner may withdraw the commercial arbitration petition after interim relief has been granted.
Whether the petitioner may convert a Section 9 petition into a Section 17 application before an arbitrator is appointed under Section 11.

Legislation cited

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

Subjects

Arbitration
Section 9 interim relief
Section 11 appointment of arbitrator
Section 17 application
Withdrawal of petition
Procedural adjournment

Judgment

                                          1/2            21-CARBP-676-2024 (OS).DOC



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


              COMMERCIAL ARBITRATION PETITION NO. 676 OF 2024
Tata Motors Finance Limited                                           ...Petitioner
          Versus
Lala Pasi                                                             ...Respondent
                                        WITH
              COMMERCIAL ARBITRATION PETITION NO. 301 OF 2024
                                        WITH
              COMMERCIAL ARBITRATION PETITION NO. 341 OF 2024
                                        WITH
              COMMERCIAL ARBITRATION PETITION NO. 386 OF 2024
                                        WITH
              COMMERCIAL ARBITRATION PETITION NO. 761 OF 2024
                                       _______
Ms. Akshita Jain a/w Akshit Vats and Mr. Siddhant Dalvi i/b IV Merchant & Co.,
for the Petitioner.
Mr. Javid R. Shaikh (A.S.O), Court Receiver, present.
                                       _______


                                                CORAM : ARIF S. DOCTOR, J.
                                                DATE    : 24th MARCH, 2026
P.C.
              COMMERCIAL ARBITRATION PETITION NO. 676 OF 2024


1.        Ms. Jain, learned counsel for the Petitioner seeks leave to withdraw the

captioned Commercial Arbitration Petition.

2.        The Commercial Arbitration Petition is dismissed as withdrawn.

              COMMERCIAL ARBITRATION PETITION NO. 301 OF 2024
                                        WITH
              COMMERCIAL ARBITRATION PETITION NO. 386 OF 2024




Vaibhav
                                            2/2           21-CARBP-676-2024 (OS).DOC



3.        Ms. Jain, learned counsel for the Petitioner points out that in the captioned

Commercial Arbitration Petitions, the interim relief has already been granted

under Section 9. A Petition under Section 11 for the appointment of an

arbitrator is pending. She submits that, therefore, the Petitioner be granted leave

to convert the present Petitions under Section 9 into an application under

Section 17 of the Arbitration and Conciliation Act, 1996. This can only be done

once an arbitrator is appointed.

4.        Stand over to 7th April 2026.

                    COMMERCIAL ARBITRATION PETITION NO. 341 OF 2024


5.        Ms. Jain, learned counsel for the Petitioner points out that the Section 11

Petition is pending.

6.        Stand over to 7th April 2026.

                    COMMERCIAL ARBITRATION PETITION NO. 761 OF 2024

7.        Ms. Jain, learned counsel for the Petitioner submits that the settlements

talks are ongoing.

8.        Stand over to 21st April 2026.




                                                                 [ARIF S. DOCTOR, J.]




Vaibhav

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Siddhant Dalvi