Aditya Birla Finance Limited v. Biswajit Mishra

1/2 22-ARBP-333-2024 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 333 OF 2024 Aditya Birla Finance Limited

...Petitioner

Versus

Biswajit Mishra

...Respondent

_______ Ms. Jenny Somaiya i/b Akhil Modi & Associates, for the Petitioner. _______ CORAM :

ARIF S. DOCTOR, J.

st JANUARY, 2026 DATE :

P.C.

1.

Ms. Somaiya, learned counsel for the Petitioner has today brought to my th October 2024 granted the attention that this Court had, by an order dated 9 Petitioner, ad-interim relief in terms of prayer clauses (a) and (b) of the captioned Commercial Arbitration Petition.

2.

It is the grievance of learned counsel for the Petitioner that the Respondent has not yet complied with the said order. I then put to learned counsel as to whether the Petitioner has, in terms of Section 9(2) of the Arbitration and Conciliation Act, 1996 taken any steps to commence the arbitral proceedings th October 2024. I within a period of 90 days from the day of Order, i.e. from 9 was informed that the Petitioner has not done so. Thus, in my opinion, there is no seriousness on the part of the Petitioner in submitting the disputes and differences qua arbitration.

3.

Hence, in view of Section 9(2) of the Arbitration and Conciliation Act, th October 2024 would have to be vacated and is 1996, the order dated 9 accordingly vacated.

Vaibhav

2/2 22-ARBP-333-2024 (OS).DOC 4.

Hence, the Petition under Section 9 is disposed of. [ARIF S. DOCTOR, J.] Vaibhav