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Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds

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Respondent Nos.2 to 5 are the borrowers of the respondent no.1.  They had mortgaged their plot with the respondent no.1 for the said credit facilities.

Section 9 AA petition for direction to hand over title deeds of the subject property to it during the pendency of hearing and final disposal of arbitral proceedings between the parties.

They had approached the petitioner for credit facilities for taking over the CC and OD facilities of the respondent no.1.

The petitioner had sanctioned the loan against the mortgage of the plot.  On 4.9.2023, the petitioner and the borrowers executed loan agreement which contained arbitration clause and also executed Power of Attorney to collect the title documents of the property from respondent no.1.  However, the respondent no.1 failed to release the title deeds.

Judgment dated 18.1.2026 of the High Court of Bombay in Commercial Arbitration Petition No.104 of 2025 of Aditya Birla Housing Finance Ltd  Vs.  Axis Bank Limited and others

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