Bombay High Court

WAAREE ENERGIES LIMITEDversusORBITAL ELECTROMECH ENGINEERING PROJECTS PVT LTD

Decided: 24 September 2026
Disposal: DISPOSED OFF

Holding

The arbitration application is disposed as the parties have settled the dispute, with the right to file a fresh application under Section 11 remaining open in case of default.

Summary

Waaree Energies Limited filed arbitration application No.27 of 2026 against Orbital Electromech Engineering Projects Pvt Ltd. The parties subsequently reached an amicable settlement. The court noted that any default by either party that would give the other a right to file a fresh application under Section 11 of the Arbitration and Conciliation Act, 1996 remains open. Consequently, the present arbitration application was ordered to stand disposed. The judgment emphasizes that the settlement resolves the dispute, but preserves the right to initiate fresh proceedings if a default occurs.

Issues considered

Whether the settlement between the parties extinguishes the pending arbitration application
Whether the right to file a fresh application under Section 11 remains viable after settlement

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11

Subjects

Arbitration
Settlement
Section 11
High Court of Bombay
Application disposed

Judgment

                                                                                   2-ARBAP-27-26.doc



                                                                                          Sayali



           Digitally signed           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYALI  by SAYALI
        DEEPAK
DEEPAK UPASANI                            ORDINARY ORIGINAL CIVIL JURISDICTION
UPASANI Date:
        2026.09.24
           16:29:08 +0530




                                         ARBITRATION APPLICATION NO. 27 OF 2026


                              Waaree Energies Limited                      … Applicant
                                          V/s.
                              Orbital     Electromech       Engineering
                              Projects Pvt Ltd                             … Respondents

                              Ms. Nitika Bagaria and Ms. Ashmita Singh i/b Link
                              Legal, for Applicant.


                                                          CORAM     : AMIT BORKAR, J.

                                                          DATED     : SEPTEMBER 24, 2026

                              P.C.:

                              1.      The parties have agreed to amicably resolve their dispute
                              and accordingly arrived at the terms of settlement. If there is
                              any default committed by any party which confers right on the
                              other party to file a fresh application under Section 11, such
                              right is kept open and the present application stands disposed of.



                                                                          (AMIT BORKAR, J.)




                                                               1

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