Arcadia Shares And Stocks Brokers Pvt Ltd v. Gaurang Ajith Sheth
903-ARBP-85-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 85 OF 2025 Arcadia Shares & Stocks Brokers Pvt Ltd
...Petitioner
Versus
Gaurang Ajith Sheth
...Respondent
Mr. Gauraj Shah, a/w Monil Punjabi, Priyanka Sinha, Bhavya Shah, i/b ARP Partners, for the Petitioner.
Appearance not received for Respondent.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : JULY 4, 2025 PC :
1.
This matter was listed at the request of the Petitioner, seeking a clarification that since there were two agreements of the same date, one being a Loan Agreement and another being a Shareholder Agreement, both dated August 29, 2013, the arbitral proceedings must cover the disputes and differences under both the agreements. 2.
On a perusal of the record, it is evident that both the agreements are alluded to in the Section 9 Petition. Consequently, the order dated April 22, 2025 would cover disputes and differences emanating from both the agreements, namely, the Loan Agreement as well as the Shareholder Agreement dated August 29, 2013. The Learned Digitally signed by ASHWINI JANARDAN VALLAKATI Date:
2025.07.08 16:09:50 +0530 ASHWINI JANARDAN VALLAKATI July 4, 2025
903-ARBP-85-2025.doc Arbitral Tribunal shall deal with all the contentions under both these agreements, whether it be under Section 16 or otherwise. 3.
There is yet another agreement between the parties, executed two years later. Owing to the trenchant opposition to proceeding to arbitration by consent over that agreement, liberty is granted to file an Application under Section 11 for appropriate consideration of the same. 4.
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.] July 4, 2025 Ashwini Vallakati