Vijay V. Chowgule v. Umaji V. Chowgule And 32 ORS

2026:BHC-GOA:155 ARA 1 of 2024 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

ARBITRATION APPLICATION NO.1 OF 2024 VIJAY V. CHOWGULE ... APPLICANT

Versus

UMAJI V. CHOWGULE AND 32 ORS ... RESPONDENTS Mr. Parag Rao with Mr. Akhil Parrikar, Advocates for the Applicant. Mr. Pulkit Bandodkar, Advocate for Respondent Nos. 1 to 4, 6, 7 and 46 to 53.

Mr. Abhay Anturkar (through VC) with Mr. Parikshit Sawant, Advocate for Respondent No.5.

Mr. Shivan Desai, Advocate for Respondents Nos. 13 to 23 and 34 to 45. Mr. Gajendra Kanekar with Mr. Pawan Jhabakh (though VC), Advocates for Respondent No.24.

CORAM:- VALMIKI MENEZES, J.

DATED :- 2nd February, 2026 P.C.:

1. Not on Board. Taken on Board.

2. Learned Advocate for the Applicant submits that the Hon'ble Supreme Court by its order dated 29.01.2026, has set aside the reference of the Division Bench in Writ Petition No. 88 of 2024 dated 07.08.2024 and the subsequent Judgment and order of the Single Judge of the High Court in Writ Petition No. 88 of 2024 dated 21.08.2024 2nd February, 2026

ARA 1 of 2024 and restored the Judgment of the Commercial Court in Civil Miscellaneous Application No. 20/2023/A dated 02.01.2024. It is further submitted that on the basis of the view taken by the Hon'ble Supreme Court, the application under Section 29A of the Arbitration Act would lie before the Commercial Court and not before this Court.

3. Consequently, on instructions from the Applicant, learned Advocate Mr. Parag Rao seeks to withdraw this Arbitration Application and such application would be moved in terms of the liberty granted to the Applicant in Paragraph No. 27 of the Judgment, before the appropriate Court under the Arbitration Act.

4. The application stands disposed of as withdrawn. VALMIKI MENEZES, J.

2nd February, 2026