Bombay High Court
ILYAS RAILWAYWALAversusAAMBY VALLEY CITY DEVELOPER LTD.
- Decided
- Disposal
- DISPOSED OFF
Holding
The pendency of a Supreme Court application is not a ground to keep the present application pending indefinitely.
Summary
The Applicant filed an application before the Supreme Court seeking permission to continue the present commercial arbitration proceedings, which remains pending. The Applicant then moved this Court for a stay of the present application, arguing that the Supreme Court's pending consideration should prevent any further action. The Court held that mere pendency of an application before the Supreme Court does not justify keeping the present application pending indefinitely. Consequently, the Court disposed of the present application but granted the Applicant liberty to revive it if the Supreme Court later permits continuation of the proceedings. The order thus balances procedural efficiency with the possibility of future revival.
Issues considered
- Whether the pendency of an application before the Supreme Court is a sufficient ground to stay the present application indefinitely
Subjects
- Supreme Court pendency
- stay of proceedings
- commercial arbitration
- revival of application
- procedural law
Judgment
19-CARAP-96-2025-F.doc
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION APPLICATION NO.96 OF 2025
Ilyas Railwaywala … Applicant
V/s.
Aamby Valley City Developer Ltd. … Respondent
Mr. Som Sinha with Ms. Divya Vishwanath & Mr.
Aditya Rokade i/b Som Sinha & Associates, for
Applicant.
Mr. Ambrin Khan a/w Isiri Rajaneesh, Anshita Kohli
& Aditya Chopra i/b Victoriam Legalis, for
Respondent.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 16, 2026
P.C.:
1. The Application filed by the Applicant before the Supreme
Court seeking permission to continue with the present
proceedings is presently pending consideration. However, mere
pendency of the said Application before the Supreme Court
cannot be a ground for keeping the present Application pending
indefinitely.
1
19-CARAP-96-2025-F.doc
2. In view of the aforesaid circumstances, the present
Application is disposed of, with liberty as stated hereinafter.
3. It shall be open to the Applicant to seek revival of the
present Application in the event the Supreme Court permits the
Applicant to pursue the present proceedings.
(AMIT BORKAR, J.)
2
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