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Bombay High CourtARBAP/108/2025disposed off

Mumin Tariq Bhat Propritor Anlox Defence Service v. Union Of India Through The Secretary Ministry Of Communications Dop Cpmg Maharashtra Circle

2025-06-10Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

26.ARBAP.108.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.108 OF 2025 Mumin Tariq Bhat Propritor Anlox Defence service ....Applicant

Versus

Union of India through the Secretary Ministry of Communications DOP CPMG Maharashtra circle ....Respondent Mrs. Shilpa Prashant Gaikwad h/f. Mr. Anjani Kumar Singh, Advocate for Respondent.

Mr. Mumin Tariq Bhat, Applicant in person (through VC) CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JUNE 10, 2025 PC :

1.

It is apparent that an arbitration agreement exists between the parties which addresses the basic scope of review of this Court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

Learned Counsel for the Respondent submits that arguably the dispute is barred by limitation. However, upon a suggestion that this is an issue that should be left open to the arbitrator, she seeks one week's Digitally signed by AARTI GAJANAN PALKAR Date:

2025.06.11 17:44:53 +0530 accommodation to take instructions as to whether the Respondent is AARTI GAJANAN PALKAR JUNE 10, 2025 Aarti Palkar

26.ARBAP.108.2025.doc willing to proceed to arbitration, leaving the issue of limitation open. Stand over to June 17, 2025.

3.

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.] JUNE 10, 2025 Aarti Palkar