Aditya Birla Finance Limited v. Biswajit Mishra
Case brief
What is this about?
Bombay High Court (OOCJ); Arbitration Petition No. 333 of 2024; Aditya Birla Finance Limited v. Biswajit Mishra; Arif S. Doctor, J.; decided 21 January 2026. Key points: Section 9(2) of the Arbitration and Conciliation Act, 1996; 90-day period to commence arbitral proceedings after interim relief; failure to commence arbitration leads to vacatur of ad-interim order dated 9 October 2024 granted in terms of prayer clauses (a) and (b); Respondent's non-compliance with ad-interim order; Petition under Section 9 disposed of. Useful for the consequence of non-commencement of arbitration within 90 days on interim relief already granted under Section 9.
What did the court decide?
The order dated 9th October 2024 granting the Petitioner ad-interim relief is vacated in view of Section 9(2) of the Arbitration and Conciliation Act, 1996, the Petitioner having taken no steps to commence arbitral proceedings within 90 days of that order.