Mittal Tarak Shah v. Shreeji Asssociates A Proprietorship Concern Through Its Proprietor Pankti Jignesh Goradia

38-IA-5601-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5601 OF 2025 IN COMMERCIAL ARBITRATION PETITION NO. 291 OF 2017 Mittal Tarak Shah

...Petitioner

Versus

Shreeji Associates A Proprietorship concern through its Proprietor Pankti Jignesh Goradia

...Respondent

Ms. Rupa Singh, i/b Monika Poonia, for the Petitioner. Appearance not received for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : OCTOBER 7, 2025 ORDER :

1.

This is a request for modification of the order dated April 9, 2025 which, in its standard terms in paragraph 3(e) stipulated that arbitral costs and fees would be borne by the parties equally in the first instance, subject to any final award to be passed by the Learned Arbitral Tribunal.

2.

However, Learned Advocate for the Applicant points to an earlier order dated March 3, 2017 in the same dispute, where a Learned ASHWINI JANARDAN VALLAKATI Single Judge has been pleased to direct that the cost of the arbitration ASHWINI JANARDAN VALLAKATI Date: 2025.10.13 17:36:20 +0530 would be borne by the Respondent in the main Petition and that October 7, 2025 Ashwini Vallakati

38-IA-5601-2025.doc position stands disturbed by the standard terms contained in the order dated April 9, 2025.

3.

Therefore, paragraph 3(e) in the order dated April 9, 2025 is hereby deleted and the arrangements obtaining by the order of the Learned Single Judge originally passed on March 3, 2017 in respect of Shreeji Associates bearing the arbitration costs in the first instance, is restored and continued. Nothing survives any further in this Application.

4.

This Application is finally disposed of in the aforesaid terms. 5.

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.] October 7, 2025 Ashwini Vallakati