Ramesh Sumermal Shah vs Bharat Kishoremal Shah — Bombay HC (2026) — LawSathi Research

Ramesh Sumermal Shah vs Bharat Kishoremal Shah — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Consent Minutes of Order accepted: Interim Award dated 15th December, 2022 read with clarificatory order dated 23rd December, 2022 set aside; learned Arbitrator to continue adjudication of the originally referred disputes (including those covered by the set-aside award, except those resolved by consent Interim Awards) and pass the final Award uninfluenced by the earlier findings and by the Court's interim-stage orders dated 8th May, 2024 and 10th May, 2024; all rights and contentions on merits kept open; pending applications disposed of; no order as to costs.

Issue for consideration

Whether, by consent, the Interim Award dated 15th December, 2022 read with the clarificatory order dated 23rd December, 2022 of the learned Arbitrator should be set aside and the learned Arbitrator directed to continue adjudication of the originally referred disputes uninfluenced by the earlier findings.

Court's answer

By consent of the parties, the Interim Award dated 15th December, 2022 read with the clarificatory order dated 23rd December, 2022 of the learned Arbitrator is set aside.

Ratio / Principle

The learned Arbitrator shall continue to adjudicate the disputes and differences as originally referred to arbitration by the Court's order dated 8th April, 2021 in Interim Application (L) No. 5556 of 2021 in Commercial Arbitration Petition No. 44 of 2020 with Commercial Arbitration Petition No. 40 of 2020, including the disputes which were the subject-matter of the set-aside Interim Award, except those specifically resolved by consent Interim Awards.

Key takeaways

All rights and contentions of both the parties on merits are expressly kept open.ratio¶20
The learned Arbitrator to decide the disputes and differences uninfluenced by the findings in the earlier Interim Award dated 15th December, 2022 read with order of 23rd December, 2022.ratio¶21
The learned Arbitrator to pass the final Award uninfluenced by this Court's interim-stage orders dated 8th May, 2024 and 10th May, 2024 in the present Arbitration Petition.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Sharmila U. Deshmukh J.), disposed of Commercial Arbitration Petition (CARBP) No. 732 of 2025 on the parties' Consent Minutes of Order: the Interim Award dated 15th December, 2022 read with the clarificatory order dated 23rd December, 2022 of the learned Arbitrator was set aside by consent; the Arbitrator is to continue adjudicating the disputes originally referred by the Court's order dated 8th April, 2021 in Interim Application (L) No. 5556 of 2021 in Commercial Arbitration Petition No. 44 of 2020 with Commercial Arbitration Petition No. 40 of 2020, including the disputes covered by the set-aside Interim Award, except those already resolved by consent Interim Awards, with all rights and contentions on merits expressly kept open; the Arbitrator is to decide the disputes and pass the final Award uninfluenced by the findings in the earlier Interim Award and by this Court's interim-stage orders dated 8th May, 2024 and 10th May, 2024; pending applications stand disposed of; no order as to costs.

2026:BHC-OS:2648

906 CARBP-732-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMMERCIAL ARBITRATION PETITION NO. 732 OF 2025

Ramesh Sumermal Shah ...Plaintiff Versus

Bharat Kishoremal Shah ...Defendant

Mr. Ankit Lohia, Counsel, Mr. Varun Nathani, Mr. Chirag Jaraglagi i/b Mr. Tushar Goradia for Petitioners.

Mr. Rohan Savant, Mr. Huzefa Khokhawala i/b M/s. Nankani and Associates for Respondent Nos. 1 and 2.

——————

CORAM : SHARMILA U. DESHMUKH, J. DATE : JANUARY 30, 2026

P. C. :

1. The parties have tendered the Consent Minutes of Order. The

consent minutes of order records as under:

(a) By consent of the parties, the Interim Award dated 15^th December, 2022 read with the clarificatory order dated 23^rd December, 2022 of the learned Arbitrator is hereby set aside.

(b) The learned Arbitrator shall continue to adjudicate the disputes and differences as originally referred to Arbitration by order dated 8^th April, 2021 passed by this Court in Interim Application (L) No. 5556 of 2021 in Commercial Arbitration Petition No. 44 of

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906 CARBP-732-2025.doc

2020 with Commercial Arbitration Petition No. 40 of 2020 including the disputes which are the subject-matter of Interim Award dated 15^th December, 2022 read with order dated 23^rd December, 2022 and except those disputes which have been specifically resolved by way of consent Interim Awards.

(c) All rights and contentions of both the parties on merits are expressly kept open.

2. The learned Arbitrator to decide the disputes and differences uninfluenced by the findings in the earlier Interim Award dated 15^th December, 2022 read with order of 23^rd December, 2022.

3. The learned Arbitrator to pass the final Award uninfluenced by the order of this Court dated 8^th May, 2024 read with order dated 10^th May, 2024 passed at the interim stage in the present Arbitration Petition.

4. In light of the consensus which has been arrived at between the parties, the Arbitration Petition stands disposed of. There is no order as to costs.

5. In view of above, nothing survives for consideration in pending Applications, if any, and the same stand disposed of.

[SHARMILA U. DESHMUKH, J.]

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