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Bombay High CourtARBP/485/2025disposed off

Devindersingh Dayasingh Ahuja v. Jogindersingh Dayasingh Ahuja

2025-11-18Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

906-ARBP-485-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 485 OF 2025 Devindersingh Dayasingh Ahuja

...Petitioner

Versus

Jogindersingh Dayasingh Ahuja & Anr.

...Respondents

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.11.19 14:08:41 +0530 SHRADDHA KAMLESH TALEKAR Mr. Vishal Thaker a/w. Anjali Trivedi i/b V. Thakers Advocates, for Petitioner.

Ms. Rutuja Patil a/w. Yohaan Shah i/b Negandhi Shah & Himayatullah, for Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

Date : November 18, 2025 ORDER :

1.

After the matter was argued for some time, there is consensus between the parties for the following two facets of the matter to go back for consideration before the Learned Arbitral Tribunal : a) Prayer clause (a) in the original application filed under Section 17 of the Arbitration and Conciliation Act, 1996 is said not to have been considered in the impugned order. The parties have consensus on addressing the Learned Arbitral Tribunal specifically on prayer clause (a);

November 18 2025 Shraddha

906-ARBP-485-2025.doc b) The Petitioner would like to also claim interest on the amount permitted by the Arbitral Tribunal to be withdrawn. This facet too can be addressed by the parties before the Learned Arbitral Tribunal.

2.

Since the parties have consensus on taking the two aforesaid facets of the matter back to the Learned Arbitral Tribunal, nothing survives in this Petition. Finally disposed of by consent of the parties, with liberty to approach the Learned Arbitral Tribunal, as aforesaid. 3.

Needless to say, nothing contained in this order is a comment on the merits on any facet of the matter. 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.] November 18 2025 Shraddha