Marine Infrastructure (Goa) Pvt. Ltd. v. Chowgule Lavgan Shiprepair Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO.3388 OF 2026 Marine Infrastructure (Goa) Pvt. Ltd.

....Petitioner

Versus

Chowgule Lavgan Shiprepair Pvt. Ltd.

....Respondent Ms. Vinodini Srinivasan a/w. Ashraf Mohammed, Samiksha Rajput & Palak S. i/b. Lexicon Law Partners, for Petitioner. Mr. Dhruva Gandhi a/w. Ms. Bulbul Singh, Raj Purohit & Ms Charmi Shah i/b. M/s Crawford Bayley & Co., for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 27, 2026 ORDER :

1.

By an order dated December 29, 2025, the Learned Sole Arbitrator has thought it fit to permit the Petitioner to file this Petition seeking issuance of witness summons to one Mr. Parijat Bhase as an authorized signatory, who is identified as one of three persons whose names appear in a report prepared by M/s. Fan Services Advance Material and Testing Laboratory, Nashik.

2.

Learned Advocate for the Respondent submits that since there are three names identified in the report, and there is no basis to pick up only one Mr. Bhase and assume that he is an author of the report. The parties having agitated their issues before the Learned Arbitrator who

has found it fit to call for Mr. Parijat Bhase as an authorized signatory, it follows that should Mr. Parijat Bhase not be capable of explaining the contents of the report or entering the witness box, the Learned Arbitrator would be at liberty to summon such persons as identified by Mr. Parijat Bhase who would be capable of deposing, and such person shall appear before the Learned Arbitral Tribunal. It is hoped that another Petition under Section 27 of the Act would not be necessary in that regard and incurring of costs is avoided. 3.

With the aforesaid observation, the Registry is directed to issue the summons as permitted by the Learned Arbitrator to Mr. Parijat Bhase and the said M/s Fan Services and Advance Material Testing and Research Laboratory at the address set out in the payer clause (a) of the Petition.

4.

The Advocates for the parties shall be at liberty to provide such other contact information to the Registry to enable the effective execution of process. Since the Learned Arbitral Tribunal has indicated the date on which Mr. Bhase should appear as April 25, 2026 at 11.00 a.m., the summons may be served accordingly. Any adjustment of scheduling may be directly addressed to the Learned Arbitrator by the witness summoned.

5.

The Petition is allowed in terms of prayer clause (a) and finally disposed of.

6.

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.]