Solar International, Through Its Partner Mr Deven Ashok Mukhi And ANR v. Gurmeetsingh Sujansingh Chandhok And ORS

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.29900 OF 2025 IN SUIT (L) NO.29896 OF 2025 WITH COURT RECEIVER REPORT NO.25 OF 2026 WITH SUIT (L) NO.29896 OF 2025 M/s. Solar International & Anr.

Applicants (Org. Plaintiffs)

IN THE MATTER BETWEEN:

M/s. Solar International & Anr.

.. Plaintiffs

Versus

Gurmeetsingh Sujansingh Chandhok & Ors.

.. Defendants ....................

 Ms. Rucha Jog a/w. Ms. Hemali Dhande, Advocates i/by RVJ Associates for Applicants / Plaintiffs.

..

 Mr. Prathmesh Seth a/w. Mr. Joseph Fernandes and Ms. Trupti Gosavi, Advocates for Defendant Nos.1 and 2.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 30, 2026 P.C.

:

1.

Heard Ms. Jog, learned Advocate for Applicants / Plaintiffs and Mr. Seth, learned Advocates for Defendant Nos.1 and 2. 2.

Parties have filed Minutes of order dated 29.01.2026. They are executed by Plaintiff No.2 and as Director of Plaintiff No.1 and Advocate for Defendant Nos.1 and 2. Minutes of order have been arrived at after an extensive deliberation between parties over past two weeks when matter has been listed almost on a daily basis before the Court. They are taken on record and marked 'X' for identification.

3.

By consent of the parties, the present dispute is referred to arbitration to be conducted as per Arbitration and Conciliation Act, 1996. Mr. Rohan Cama, Advocate is appointed as the sole arbitrator. Fees of the Arbitrator shall be as per Schedule and parties shall share the fees and costs incurred in arbitration equally. The Arbitration Agreement signed by the parties is marked as 'X-1'. 4.

In the interim, during the pendency of the arbitration and for a period of 12 weeks after any Award is passed in the arbitration:- (i) The Court Receiver appointed by this Court as per the order dated 17.12.2025 shall continue to be Receiver in respect of the Suit property;

(ii) The Plaintiffs are appointed as Agents of the Court Receiver without payment of royalty and shall be forthwith put in possession of the suit property. Plaintiffs agree not to pursue the Application for converting user of the Suit property to commercial during pendency of the arbitration; and (iii) As recorded in order dated 19.01.2026 read with order ddated 20.01.2026, Plaintiffs have prepared a demand draft dated 27.01.2026 bearing No.001787 drawn on HDFC Bank for a sum of

Rs.2,00,00,000/- (Rupees Two Crores Only), which shall be deposited with the office of the Prothonotary and Senior Master, High Court Bombay. The said money shall be kept invested by the Office of the Prothonotary and Senior Master during the pendency of the arbitration proceedings. Upon completion of the arbitration proceedings, the Prothonotary and Senior Master shall pay over the said monies alongwith accrued interest to such person as the Arbitrator shall direct in this regard in the Award that the Arbitrator shall pass.

5.

As stated in Minutes of order, present dispute is referred to Arbitrator as per Arbitration and Conciliation Act, 1996. Statement of Plaintiff's Advocate is recorded that Plaintiffs are withdrawing their case against Defendant No.3 unconditionally. Needless to state that Plaintiff that use said premises in the interregnum until arbitration is culminated in accordance with law as available to Plaintiff. 6.

The Arbitration Agreement arrived between the parties is taken on record and marked 'X-1' for identification and is scanned and reproduced below for immediate reference:-

7.

Report of Court Receiver stands disposed in terms of prayer clause (b) which reads thus:- "b.

Hon'ble Court may be pleased to quantify the costs of this report to Rs. 5,000/- and permit the Court Receiver to deduct the same from the balance available in the Suit account."

8.

Both parties are directed to deposit Rs.2500/-each with the Court Receiver.

9.

All contentions of the parties with respect to the subject

matter of the present Suit are kept open to be placed before the learned Arbitrator for its adjudication in the arbitration proceedings. 10.

Refund of Court Fees as per Rules.

11.

Liberty to apply to the parties.

12.

With the above directions, Suit is disposed. In view of disposal of Suit, pending Interim Application is also disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2026.01.31 19:22:51 +0530 HARSHADA HANUMANT SAWANT