Ramesh Sumermal Shah v. Bharat Kishoremal Shah

2026:BHC-OS:2648 906 CARBP-732-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 732 OF 2025 Ramesh Sumermal Shah ...Plaintiff

Versus

Bharat Kishoremal Shah ...Defendant ------ Mr. Ankit Lohia, Counsel, Mr. Varun Nathani, Mr. Chirag Jaraglagi i/b Mr. Tushar Goradia for Petitioners.

Mr. Rohan Savant, Mr. Huzefa Khokhawala i/b M/s. Nankani and Associates for Respondent Nos. 1 and 2.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : JANUARY 30, 2026 P. C. :

1.

The parties have tendered the Consent Minutes of Order. The consent minutes of order records as under:

(a) By consent of the parties, the Interim Award dated 15th December, 2022 read with the clarificatory order dated 23rd December, 2022 of the learned Arbitrator is hereby set aside.

(b) The learned Arbitrator shall continue to adjudicate the disputes and differences as originally referred to Arbitration by order dated 8th April, 2021 passed by this Court in Interim Application (L) No. 5556 of 2021 in Commercial Arbitration Petition No. 44 of Sairaj 1 of

906 CARBP-732-2025.doc 2020 with Commercial Arbitration Petition No. 40 of 2020 including the disputes which are the subject-matter of Interim Award dated 15th December, 2022 read with order dated 23rd December, 2022 and except those disputes which have been specifically resolved by way of consent Interim Awards.

(c) All rights and contentions of both the parties on merits are expressly kept open.

2.

The learned Arbitrator to decide the disputes and differences uninfluenced by the findings in the earlier Interim Award dated 15th December, 2022 read with order of 23rd December, 2022. 3.

The learned Arbitrator to pass the final Award uninfluenced by the order of this Court dated 8th May, 2024 read with order dated 10th May, 2024 passed at the interim stage in the present Arbitration Petition.

4.

In light of the consensus which has been arrived at between the parties, the Arbitration Petition stands disposed of. There is no order as to costs.

5.

In view of above, nothing survives for consideration in pending Applications, if any, and the same stand disposed of. [SHARMILA U. DESHMUKH, J.] Sairaj 2 of