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Bombay High Court

Tata Motors LimitedversusGeosphere Industries Pvt Ltd

Decided
Disposal
DISPOSED OFF

Holding

The petition is disposed of, with the provision that it may be revived if the respondents fail to pay the agreed installments.

Summary

Tata Capital Limited filed a commercial arbitration petition alleging that Geosphere Industries Pvt Ltd and another respondent failed to pay the last two installments as per their agreement. The petitioner sought relief for the default. The court, after noting the petitioner's claim, disposed of the petition but stipulated that if the respondents continue to default, the petitioner may seek revival of the petition. No substantive hearing on the merits was conducted. The order effectively dismisses the petition pending any further default by the respondents.

Issues considered

  • Whether the arbitration petition can be dismissed on the ground of respondents' non‑payment of agreed installments

Subjects

  • Arbitration
  • Installment payment
  • Petition disposal
  • Commercial division
  • Non‑payment

Judgment

                                                                               41-carbp-123-2025.doc


                        Vivekanand
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
                                          IN ITS COMMERCIAL DIVISION
BONDE      Date:
           2026.09.23
           17:10:39
           +0530
                                  COMM ARBITRATION PETITION NO. 123 OF 2025

                        Tata Capital Limited                          … Petitioner
                                   V/s.
                        Geosphere Industries Pvt Ltd & Anr.           … Respondents

                        Adv. Anosh Sequeira a/w Adv. Iraa Dube Patil i/b Jay &
                        Co., for the Petitioner.
                        Adv. Isha Porje i/b Adv. Akash Menon, for the
                        Respondents.


                                                     CORAM      : AMIT BORKAR, J.

                                                     DATED      : SEPTEMBER 23, 2026
                        P.C.:

                        1.      The learned Advocate for the Petitioner states that the
                        Respondents have not paid last two installments as agreed by
                        them.

                        2.      In that view of the above statement, the present Petition is
                        disposed of.

                        3.      However, in the event the Respondents fail to pay the agreed
                        installments, it shall be open for Petitioner to seeks revival of the
                        present Petition.

                        4.      The Petition stands disposed of accordingly.


                                                                      (AMIT BORKAR, J.)




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