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Bombay High Court

Schindler India Private LimitedversusMemphis Realtors Private Limited

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered that the two arbitration applications be separated and distinct orders be issued.

Summary

The High Court was presented with two arbitration applications, No. 343 of 2026 and No. 356 of 2026, filed by Schindler India Private Limited against Memphis Realtors Private Limited. An earlier order dated 11 September 2026 had disposed both applications by a common order. The applicant’s counsel filed a praecipe annexing the respective agreements and particulars, seeking separate treatment of the applications. The Court considered the procedural filing and decided that the applications should not be merged. Consequently, the Court ordered that the two applications be separated and distinct orders be issued as Order No. 2 in each case.

Issues considered

  • Whether the two arbitration applications should be disposed by a common order or by separate orders in view of the applicant’s praecipe and annexed agreements

Subjects

  • Arbitration
  • Procedural order
  • Praecipe
  • Separate orders
  • High Court

Judgment

                                                                 902-arbap-356-2026 with connected.doc


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

                                  ARBITRATION APPLICATION NO. 343 OF 2026
                      Schindler India Private Limited               … Applicant
         Digitally
         signed by                V/s.
         SHABNOOR
SHABNOOR AYUB
AYUB     PATHAN
                      Memphis Realtors Private Limited              … Respondent
PATHAN   Date:
         2026.09.18
         17:28:18                                 WITH
         +0530
                                  ARBITRATION APPLICATION NO. 356 OF 2026
                      Schindler India Private Limited               … Applicant
                                  V/s.
                      Memphis Realtors Private Limited              … Respondent

                      Mr. Surabh, for the Applicant.

                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 18, 2026
                      P.C.:

                      1.      Both the present applications are placed on board for
                      speaking to the minutes of the order dated 11 September 2026.

                      2.      The order dated 11 September 2026, disposes Arbitration
                      Application No. 343 of 2026 and Arbitration Application No. 356
                      of 2026 by common order. However, learned Advocate for the
                      Applicant filed a Praecipe annexing respective agreements and
                      particulars as borne out from the respective applications. Hence,
                      two separate orders e passed in both the applications.

                      3.      Accordingly, the orders in both the applications be separated
                      and uploaded as Order No. 2 in the respective applications.


                                                                     (AMIT BORKAR, J.)



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