Icici Home Finance Company Limited v. Aamir Iqbal Sheikh
Case brief
What is this about?
Bombay HC, Ordinary Original Civil Jurisdiction, Arbitration Petition No. 550 of 2025, decided 7 April 2026 by SANDEEP V. MARNE, J. Search terms: Section 9 Arbitration and Conciliation Act 1996; interim measures before commencement of arbitral proceedings; ICICI Home Finance Company; Facility Agreement dated 29 August 2024; Aamir Iqbal Sheikh; mortgaged property Plot No. 61 Mouza Phutala No.268 Thak No. 132 Kh No. 9/3 P.H. No. 7 House No. 448 Ward No. 68 Mouza Nagpur Maharashtra 441502; injunction against sale/transfer/third-party rights/parting with possession; inventory of immovable mortgaged property by petitioner's officer; Court Receiver / Court Commissioner; 90-day window to commence arbitration; hamdast; respondents non-appearance; petition disposed of.
What did the court decide?
Interim measures in terms of prayer clauses (c) and (d): (i) injunction restraining the Respondents from selling, transferring, disposing of and/or creating any third party rights in and/or otherwise parting with possession of the mortgaged property described in Exhibit 'C' (Plot No. 61, Mouza Phutala No.268, Thak No. 132 Kh No. 9/3, P. H. No. 7, House No. 448, Ward No. 68, Mouza Nagpur, Maharashtra 441502); (ii) appointment of the Petitioner's officer to take inventory of the immovable mortgaged property and report to the Court. Measures operate for 90 days during pendency of the arbitral proceedings and till making of the final Award.