Riya Travels And Tours India Pvt Ltd v. Indiana Engineering Workes Bombay Pvt Ltd v. Indiana Engineering Workes Bombay Pvt Ltd

526-ARBAP-88-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 88 OF 2025 Riya Travels & Tours India Pvt Ltd ...Applicant

Versus

Indiana Engineering Works Bombay Pvt Ltd

...Respondent

Ms.Kajal Gupta a/w Shweta Singh i/b MV Kini & Co, for the Applicant.

Mr. Rohan Kelkar a/w. Darshit Dave for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 24, 2025 PC :

1.

Having heard the parties for some time it is apparent that the parties have a legacy of having tested the Section 11 jurisdiction. 2.

By a detailed dated June 27, 2023, a Learned Single Judge of this Court relegated the Respondent to the Civil Courts based on objection to an arbitration raised by the Applicant in these proceedings. Today, it is the Applicant who seeks arbitration in connection with the another facet of the same agreement that was in dispute on the last occasion. While the parties may be able to argue about which facet of the matter may be sent to a civil suit and which may be arbitrable, it Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.04.25 13:48:33 +0530 ASHWINI JANARDAN VALLAKATI April 24, 2025

526-ARBAP-88-2025.doc would be appropriate for the parties to reflect the manner in which they could focus their energies and resources spent on litigation, in a single forum.

3.

In these circumstances, to enable the Advocate for the Applicant to take instructions on how to proceed further, list on May 5, 2025.

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.] April 24, 2025 Ashwini Vallakati