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Bombay High CourtIA/2971/2025disposed off

Workplace Accelerator Services v. Vyakta Consulting Services Private Limited

2025-07-30Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

905.IA.2971.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2971 OF 2025 IN COMMERCIAL ARBITRATION APPLICATION NO. 109 OF 2025 WITH COMMERCIAL ARBITRATION PETITION NO.636 OF 2025 (NOT ON BOARD) Workplace Accelerator Services ....Applicant

Versus

Vyakta Consulting Services Private Limited & Anr. ....Respondents Mr. Rohaan Cama, a/w. Mr. Sidharth Sethi, Ms Shreya Sircar, Mr. Deepank Anand, Mr. Kunal Saini & Mr. Juan D'souza i/b. JSA Advocates & Solicitors, Advocates for Applicant/Petitioner. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JULY 30, 2025 ORDER :

1.

This Interim Application is being pursued in very peculiar circumstances.

2.

Learned Counsel for the Applicant fairly states that the Applicant comprises Partners who are not Indian Citizens. It is therefore stated that the individuals who comprise "Workspace Accelerator Services", which is said to be like an association of persons or a partnership firm not comprising Indian citizens, this Court would not have jurisdiction Digitally signed by AARTI GAJANAN PALKAR Date:

2025.08.02 12:18:46 +0530 AARTI GAJANAN PALKAR JULY 30, 2025 Aarti Palkar

905.IA.2971.2025.doc under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act").

3.

In these circumstances, it would be appropriate to recall the Order dated March 24, 2025, leaving it to the Petitioner to adopt appropriate proceedings as advised for initiation of arbitration. 4.

The Interim Application is hereby finally disposed of. COMMERCIAL ARBITRATION PETITION NO.636 OF 2025 1.

Not on Board. Taken on Board. This is a Petition filed under Section 9 of the Act.

2.

Issue notice to the Respondent, returnable on August 12, 2025. Hamdast permitted. In addition, the Petitioner is permitted to issue private notice by all permissible modes of service, and to file an Affidavit of Service, with tangible evidence of service, on or before the next date.

3.

Stand over to August 12, 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.] JULY 30, 2025 Aarti Palkar