Blue Baron Realtors vs Ritesh Kishan Jhunjhunwala — Arbitration | Bombay HC (2026)

Blue Baron Realtors vs Ritesh Kishan Jhunjhunwala — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Ad-interim protection granted vide order dated 7 December 2023 continued to operate as interim measures pending arbitral proceedings until making of the final award, operational for 90 days within which the Petitioner was to take steps for commencement of arbitral proceedings; Petition partly allowed and disposed of; Interim Application disposed of.

Issue for consideration

Whether the ad-interim measures granted by order dated 7 December 2023 should be made absolute during pendency of the arbitral proceedings.

Court's answer

Since there is no opposition to the Petition, the ad-interim relief granted vide order dated 7 December 2023 can be made absolute during pendency of the arbitral proceedings.

Ratio / Principle

Pending arbitral proceedings and until making of the final award, the ad-interim protection granted vide order dated 7 December 2023 shall continue to operate as interim measures.

Key takeaways

The interim measures shall be operational for a period of 90 days, within which the Petitioner shall take steps for commencement of the arbitral proceedings.ratio¶¶29

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Commercial Arbitration Petition No. 695 of 2025 with Interim Application No. 3479 of 2025, decided 17 April 2026 (Sandeep V. Marne, J.). Unopposed petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures before commencement of arbitral proceedings. None of the respondents appeared on the hearing date; the record showed vakalatnamas filed for respondent Nos. 1 to 5, 7, 9, 12 and 13 and an earlier appearance by counsel for respondent Nos. 10 and 11 on 7 December 2023. The ad-interim order dated 7 December 2023 - restraining respondent No.1 from creating third party rights in any of the properties of the firm, including the project, and from representing himself as authorised representative of the firm - was made absolute during pendency of the arbitral proceedings and until making of the final award, to remain operational for 90 days within which the Petitioner was to take steps to commence arbitration. Petition partly allowed and disposed of; Interim Application disposed of.

Renuka 39-carbp-695-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION PETITION NO. 695 OF 2025

WITH

INTERIM APPLICATION NO. 3479 OF 2025

IN

COMMERCIAL ARBITRATION PETITION NO. 695 OF 2025

Blue Baron Realtors ...Petitioner

V/s.

Ritesh Kishan Jhunjhunwala ...Respondent

Mr. Harshad Rajeshirke, for Petitioner.

CORAM: SANDEEP V. MARNE, J.

DATED: 17 APRIL 2026.

P.C.:

This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 ( the Arbitration Act ) seeking interim measures before commencement of the Arbitral Proceedings.

I have heard Mr. Rajeshirke the learned counsel appearing for Petitioner.

Page No.1 of 3 17 APRIL 2026

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On 7 December 2023 an Advocate had appeared on behalf of the Respondent Nos 10 and 11. Record also shows that Vakalatnama is filed on behalf of Respondent Nos. 1 to 5, 7, 9, 12 and 13. This is clear from para 3 of the order dated 7 December 2023 which is as under:-

This Court is informed that affidavit of service dated 5/12/2023 is already e-filed. The record also shows that vakalatnamas are also filed on behalf of respondent Nos.1 to 5, 7, 9, 12 and 13. Mr. Yash Oza, learned counsel has appeared on behalf of respondent Nos.10 and 11 and he undertakes to file vakalatnama within one week from today.

Today none has appeared on behalf any of the Respondents. By order dated 7 December 2023, This Court has already granted adinterim measures in favour of the Petitioner in following terms:-

In the meanwhile and till the next date of listing, the respondent No.1 is restrained from creating any third party rights in any of the properties of the firm, including the aforementioned project and the respondent No.1 is also restrained from representing himself as being authorised representative of the firm for any purpose whatsoever and in respect of the said project.

In my view since there is no opposition to the Petition, the ad-interim relief granted vide order dated 7 December 2023 can be made absolute during pendency of the arbitral proceedings.

I accordingly proceed to pass the following order:-

(i) Pending Arbitral proceedings and until making of final award, adinterim protection granted vide order dated 7 December 2023 shall continue to operate as interim measures.

Page No.2 of 3 17 APRIL 2026

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(ii) The interim measures granted above shall be operational for a period of 90 days, within which the Petitioner shall take steps for commencement of the Arbitral proceedings.

1. With the above directions the Petition is partly allowed and

disposed of.

1. Interim Application stands disposed of.

[SANDEEP V. MARNE, J.]

Page No.3 of 3 17 APRIL 2026