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Bombay High Court

KUMAR BUILDERS PROJECT PUNE PRIVATE LIMITEDversusPANT NAGAR SHRADDHA CO OPERATIVE HOUSING SOCIETY LIMITED

Decided
Disposal
DISMISSED

Holding

Observations made at the interlocutory stage under Section 17 cannot prejudice the petitioner at the final hearing.

Summary

The petition was filed by Kumar Builders Project Pune Private Limited against Pant Nagar Shraddha Co‑Operative Housing Society Limited seeking clarification that the observations made by the trial court in an interlocutory order under Section 17 of the Arbitration and Conciliation Act, 1996 would not prejudice the petitioner at the final hearing. The petitioner argued that the petition could be withdrawn if such clarification were granted. The respondent opposed the relief. The court examined whether interlocutory observations can bind a party at the final hearing. It held that observations made at the interlocutory stage to decide an application under Section 17 cannot affect the petitioner at the time of the final hearing. Accordingly, the court disposed of the petition without granting any further relief.

Issues considered

  • Do observations made in an interlocutory order under Section 17 of the Arbitration and Conciliation Act, 1996 bind the petitioner at the final hearing?

Legislation cited

Subjects

  • Arbitration
  • Section 17
  • Interlocutory order
  • Petition disposal
  • Commercial arbitration

Judgment

                                                              1/1            52-CARBP-854-2024 (OS).DOC

       Digitally
       signed by
       VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE    Date:
       2026.08.07
       17:04:54
       +0530


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


                                  COMMERCIAL ARBITRATION PETITION NO. 854 OF 2024
                    Kumar Builders Project Pune Private Limited                               ...Petitioner
                              Versus
                    Pant Nagar Shraddha Co Operative Housing Society Limited                  ...Respondent
                                                           _______
                    Mr. Aseem Naphade a/w Mr. Dhaval Gandhy i/b Tushar Goradia, for the
                    Petitioner.
                    Mr. Pramod Bhosale a/w Ms. Hetal Jain i/b Devika Nigade, for the Respondent.
                                                           _______


                                                                    CORAM : ARIF S. DOCTOR, J.
                                                                    DATE    : 6th AUGUST, 2026


                    P.C.
                    1.        After arguing the matter at some length, Mr. Naphade, learned counsel for

                    the Petitioner submitted that the Petition would not be pressed if the Court could

                    only clarify that the observations made in the impugned order would not come

                    in the way of the Petitioner at the time of final hearing.

                    2.        Needless to state that observations made at the interlocutory stage to

                    decide an application under Section 17 cannot come in the way of the Petitioner

                    at the time of final hearing. Accordingly, the Petition is disposed of.




                                                                                   [ARIF S. DOCTOR, J.]




                    Vaibhav


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