Sharvik Properties Pvt Ltd Thr. Its Rahul Devappa Bhanuse v. Dattataraya Vithoba Aatyalkar And Others

22-IA-11044-2025-ARAST-18235-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11044 OF 2025 IN ARBITRATION PETITION (ST) NO. 18235 OF 2025 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.12.01 16:36:55 +0530 SHRADDHA KAMLESH TALEKAR Saleem Mehmood Shaikh and 3 Ors.

...Petitioners

Versus

Kundan Amichand Oswal

...Respondent

Ms. Roshani Naaz (through VC) i/b GG Legal Associates, for Petitioners.

Mr. Ronak M. Utagikar, for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

Date : November 27, 2025 ORDER :

1.

This appeal impugns an order dated June 11, 2024 passed under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act") ahead of arbitration being commenced. It is common ground that in May 2025, the arbitral tribunal has entered reference and the proceedings are underway.

2.

Therefore, this Appeal is being disposed of giving liberty to the Appellant to move the arbitral tribunal under the jurisdiction set out in Section 17 of the Act, with such request to vacate, vary or modify the November 27 2025 Shraddha

22-IA-11044-2025-ARAST-18235-2025.doc order passed under Section 9 of the Act as sought in this appeal, since the interlocutory measures to preserve the subject matter of arbitration agreement squarely falls in the domain of the arbitral tribunal. 3.

With the aforesaid observations, the Appeal is finally disposed of leaving the parties to address the arbitral tribunal about the need to continue or put an end to or vary the interlocutory measures obtaining so far. It is made clear that the order under Section 9 being temporary in nature, the Learned Arbitral Tribunal has the fullest discretion to mould, modify or vacate the order passed under Section 9 as the Learned Arbitral Tribunal thinks fit and appropriate, in exercise of its jurisdiction under Section 17 of the Act. 4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] November 27 2025 Shraddha