M/S Vaishali Foods Thr Partners And 3 ORS v. M/S Chandelkar Marketing A Partnership Firm Rep By Partners And 3 ORS
2026:BHC-GOA:221 MCA 53 of 2026 Sonam
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.53 OF 2026 M/S VAISHALI FOODS THR PARTNERS AND 3 ORS ... APPLICANTS
Versus
M/S CHANDELKAR MARKETING A PARTNERSHIP FIRM REP BY PARTNERS AND 3 ORS ... RESPONDENTS Mr. S. M. Singbal, Advocate for the Applicants. Mr. P. Kholkar, Advocate for Respondent Nos. 1, 2 and 4. CORAM:- VALMIKI MENEZES, J.
DATED :- 10th February, 2026 P.C.:
1. In view of the Judgment now rendered by the Hon'ble Supreme Court in Jagdeep Chowgule V/s Sheela Chowgule and ors, reported in 2026 SCC OnLine SC 124, the present application under Section 29A would not be maintainable before this Court. The appropriate Court, as held in the said Judgment, where an application under Section 29A of the Arbitration Act could have been filed, is before the District Court, North Goa.
2. At this stage, the learned Advocate appearing for the Applicants submits that considering the time period specified by Sub Section 29A 10th February, 2026
MCA 53 of 2026 4 and 5 of the Act, the application under Section 29A had been otherwise filed within time, i.e. by 08.02.2026. On instructions, he seeks leave to withdraw this application, with leave to file the same before the District Court, North Goa.
3. Considering that the application is otherwise filed in this Court on time and at that point of time, the Judgment of this Court in Sheela Chowgule V/s Jagdeep Chowgule (passed in Writ Petition No. 88/2024 on 15.05.2024) had held that the High Court to be the appropriate Court in which such an application was required to be filed, it would now be appropriate that such leave as prayed for be granted.
4. Accordingly, the application shall stand disposed of as withdrawn with leave to the Applicants to file an application under Section 29A of the Act, for further extension to the mandate of the Arbitration before the District Court, North Goa, within two weeks. The District Court shall consider the application, and after hearing the parties, pass an appropriate order. Leave granted under this order.
5. Application for Appointment of Arbitrator No. 5/2023 stands disposed of as withdrawn with leave as aforesaid. VALMIKI MENEZES, J.
10th February, 2026