Airport Authority Of India v. Lite Bite Foods Private Limited

9.ARP.214.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.214 OF 2025 Airport Authority Of India ....Petitioner

Versus

Lite Bite Foods Private Limited ....Respondent Mr. Rohan Shah a/w. Anirudh Krishna Gandhi, Megha Khandelwal & Rounak Doshi i/b. Saraf & Partners, Advocates for Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : NOVEMBER 17, 2025 ORDER :

1.

This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of the arbitrator. 2.

This Petition is resisted by the Respondent on the premise that an earlier round of arbitration took place and the claims sought to be raised now were eminently within the means of the Petitioners to raise as the counter-claim. However, such issues not having been raised, it is submitted that they cannot be sought to be agitated now as if these issues had never arisen.

3.

The Petitioner seeks to bring on record the earlier arbitral proceedings and demonstrate that the issues for which arbitration is Digitally signed by AARTI GAJANAN PALKAR Date:

2025.11.18 11:01:10 +0530 AARTI GAJANAN PALKAR NOVEMBER 17, 2025 Aarti Palkar

9.ARP.214.2025.doc now being invoked came about only after the earlier round of arbitration.

4.

Liberty to file an affidavit setting out the claim, counter-claim and the arbitral award in the earlier round of arbitration. Liberty to also file an affidavit seeking to explain why according to the Petitioner, the disputes sought to be covered by this Petition could not have been raised in the arbitral proceedings. Let such affidavit be filed by December 1, 2025.

5.

Stand over to December 2, 2025.

6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] NOVEMBER 17, 2025 Aarti Palkar