Kishor N Shah vs Urban Infrastructure Trustees Ltd. — Arbitration | Bombay HC (2026)

Kishor N Shah vs Urban Infrastructure Trustees Ltd. — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Interim Applications Nos. 2296 of 2025 (in Commercial Arbitration Petition No. 1307 of 2019) and 2297 of 2025 (in Commercial Arbitration Petition No. 1238 of 2019) allowed by consent: amendment of the respective Section 34 petitions permitted, subject to the Respondents' rights, contentions and objections being kept open (inter alia per their affidavits dated 3 December 2024 and 15 April 2025, including the contentions that the amendments are barred by limitation and that the Respondents may lead oral evidence in support of their response); amendments to be carried out within one week; amended Petitions to be served on the others within a week thereafter; replies within three weeks of receipt; rejoinders, if any, by the next date; Petitions listed for hearing on 23 February 2026.

Issue for consideration

Whether Interim Applications Nos. 2296 and 2297 of 2025, seeking amendment of the respective Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, should be allowed.

Court's answer

In terms of the proposal submitted by the Respondents, the parties having agreed, the Interim Applications seeking amendment of the respective Section 34 petitions are allowed, subject to the rights, contentions and objections of the Respondents being kept open, inter alia as set out in their affidavits dated 3 December 2024 and 15 April 2025.

Ratio / Principle

The Respondents' contentions that the said amendments are barred by limitation, and that the Respondents have the right to lead oral evidence in support of their response (although denied by the Applicants), remain open notwithstanding the allowance of the amendments.

Key takeaways

The amendments are to be carried out within one week, and a copy of the amended Petitions is to be served on the others within a week thereafter.ratio¶56
Replies to the amended Petitions are to be filed within three weeks upon receipt of the amended Petitions, with copy to the others; rejoinders, if any, by the next date.ratio¶57

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J.; 16 January 2026). On the parties' joint submission in terms of the Respondents' proposal, the Court allowed Interim Application No. 2296 of 2025 (in Commercial Arbitration Petition No. 1307 of 2019) and Interim Application No. 2297 of 2025 (in Commercial Arbitration Petition No. 1238 of 2019), permitting amendment of the respective petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996. The allowance is subject to the Respondents' rights, contentions and objections remaining open — inter alia as recorded in their affidavits dated 3 December 2024 and 15 April 2025 — including their contentions that the amendments are barred by limitation and that they retain the right to lead oral evidence in support of their response, although denied by the Applicants. Directions: amendments within one week; amended petitions served on the others within a further week; replies within three weeks of receipt; rejoinders by the next date; matters listed for hearing on 23 February 2026. Connected matters include Commercial Execution Applications Nos. 139 and 195 of 2020.

IA 2296-25 in CARBP 1037-19 @ connected matters.doc

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

INTERIM APPLICATION NO. 2296 OF 2025 IN

COMMERCIAL ARBITRATION PETITION NO. 1307 OF 2019

Kishor N. Shah & Ors. V/s. Urban Infrastructure Real Estate Fund & Anr.

...Applicants

...Respondents

WITH

COMMERCIAL EXECUTION APPLICATION NO. 139 OF 2020

WITH

INTERIM APPLICATION NO. 910 OF 2022

WITH

INTERIM APPLICATION NO. 3950 OF 2023 WITH

INTERIM APPLICATION NO. 1642 OF 2024

IN

COMMERCIAL EXECUTION APPLICATION NO. 139 OF 2020

WITH

COMMERCIAL EXECUTION APPLICATION NO. 195 OF 2020

WITH

INTERIM APPLICATION NO. 3949 OF 2023

IN

COMMERCIAL EXECUTION APPLICATION NO. 195 OF 2020

WITH

INTERIM APPLICATION NO. 1522 OF 2022

IN

COMMERCIAL EXECUTION APPLICATION NO. 195 OF 2020

WITH

INTERIM APPLICATION NO. 3920 OF 2025 IN

COMMERCIAL EXECUTION APPLICATION NO. 195 OF 2020

WITH

INTERIM APPLICATION NO. 1642 OF 2024

IN

COMMERCIAL EXECUTION APPLICATION NO. 139 OF 2020

WITH

COMMERCIAL ARBITRATION PETITION NO. 1238 OF 2019 WITH

Nikita Gadgil

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IA 2296-25 in CARBP 1037-19 @ connected matters.doc

INTERIM APPLICATION NO. 2297 OF 2025 IN

COMMERCIAL ARBITRATION PETITION NO. 1238 OF 2019 WITH

COMMERCIAL ARBITRATION PETITION NO. 1307 OF 2019

Mr. Sharad Bansal with Mr. Aman Sadiwala, Ms. Etika Srivastava and Ms. Nishi Doshi, Mr. Abhyarathna Singh and Ms. Aanchal Maheshwari i/b Rashmikant and Partners for the Applicant in IA-2296-2025 and IA2297-2025.

Mr. Sharan Jagtiani, Senior Advocate alongwith Mr. Aditya Mehta, Mr. Siddharth Joshi instructed by Dastur Kalambi and Associates for the Respondents No.1 and 2 in IA-2297-2025.

Ms. Pooja Rathod instructed by Vashi and Vashi, Advocate for the Respondent No.7 in IA-3949-2023, IA-3950-2023, IA-1522-2022 & IA910-2022.

Mr. Zal Andhyarujina, Senior Advocate alongwith Mr. Aditya Mehta, Mr. Jahaan Dastur instructed by Dastur Kalambi and Associates for the Respondent No.1 in IA-2296-2025.

CORAM : ABHAY AHUJA, J. DATE : 16^th JANUARY, 2026

P.C. :

Interim Application No.2296 of 2025 in Commercial Arbitration Petition No.1307 of 2019 & Interim Application No.2297 of 2025 in Commercial Arbitration Petition No.1238 of 2019

Pursuant to the order dated 14^th January, 2025, today when the

matter is called out, Mr. Andhyarujina, learned Senior Counsel appearing for the Respondent in the Interim Application No. 2296 of 2025 and Mr. Jagtiani, learned Senior Counsel appearing for the Respondents in the Interim Application No. 2297 and Mr. Bansal, learned Counsel appearing for the Applicants in the Interim Applications No. 2296 and 2297 of 2025 submit that in terms of the

Nikita Gadgil

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IA 2296-25 in CARBP 1037-19 @ connected matters.doc

proposal submitted by the Respondents, the parties have agreed that the Interim Applications seeking amendments of the respective Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 be allowed, subject to the rights, contentions and objections of the Respondents being kept open inter-alia as set out in the Respondent’s affidavits dated 3^rd December, 2024 and 15^th April, 2025 as well as with respect to the contentions that the said amendments are barred by limitation and also that the Respondent’s have right to lead oral evidence in support of their response, although denied by the Applicants.

The Interim Applications accordingly stand allowed as above.

Let the amendments be carried out within a period of one week and a copy of the amended Petitions be served on the others in a week thereafter.

Let reply(ies) to the amended Petitions be filed within a period of three weeks upon receipt of the amended Petitions with copy to the others. Rejoinder(s), if any, by the next date.

List the Petitions for hearing on 23^rd February, 2026.

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2026.01.1619:25:12 Nikita Gadgil +0530

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