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Bombay High Court

Prathamesh GambhirversusSalil Kunte

Decided
Disposal
DISPOSED OFF

Holding

The Court restored the dismissed arbitration petition, emphasizing the interest of justice over procedural delay.

Summary

The petitioner, Prathmesh Gambhir, filed an interim application seeking restoration of Commercial Arbitration Petition No. 18154 of 2024, which had been dismissed on 26 August 2024 for failure to remove office objections. The application was filed after a considerable delay. The Court examined the pleadings and, despite the delay, held that in the interest of justice the petition should be reinstated, subject to a modest cost payment to a charitable trust. The Court ordered the petition to be served on all parties and directed that any remaining office objections be removed within four weeks. No further costs were awarded.

Issues considered

  • Whether a commercial arbitration petition dismissed for non‑removal of office objections can be restored despite a delayed interim application.

Subjects

  • Arbitration
  • Interim relief
  • Restoration of petition
  • Office objections
  • Delay
  • Cost order

Judgment

                                                                                              44-IA-4746-26.DOC

 JYOTI
 RAJESH
 MANE
Digitally signed by
JYOTI RAJESH
MANE
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.24
14:18:53 +0530                       ORDINARY ORIGINAL CIVIL JURISDICTION

                                    INTERIM APPLICATION NO. 4746 OF 2026
                                                    IN
                             COMMERCIAL ARBITRATION PETITION (L) NO. 18154 OF 2024


                      Prathmesh Gambhir                                 ...Applicant/ Petitioner
                             Versus
                      Salil Kunte                                       ...Respondent

                                                         _______
                      Mr. Suyash Gadre, for Applicant/Petitioner.
                      Mr. Rajat Dedhia, for Respondent.
                                                            _______

                                                  CORAM:          AARTI SATHE, J.

                                                    DATE:         23 SEPTEMBER 2026

                      P.C.

                      1.      By this interim application, the applicant/petitioner has prayed for

                      restoration of the Commercial Arbitration Petition, which came to be dismissed by

                      the order dated 26 August 2024 for non-removal of office objections.

                      2.      This Court has perused the averments as made in the interim application.
                      There is delay in filing this interim application. However, in the interest of justice,
                      this Court is of the opinion that the Petition deserves to be restored to the file of
                      this Court subject to cost of Rs.5,000/- to be paid to the following account:


                                          Charitable Trust Bank Account Details:
                                          Account Name : The High Court Employees medical Welfare
                                          Fund at Mumbai
                                          Account No. : 000120110001337
                                          Bank            : Bank of India, Mumbai Main Branch, Mumbai
                                          IFSC Code       : BKID0000001




                                                         Page 1 of 2
                      Mane
                                                                       44-IA-4746-26.DOC



3.     The interim application is allowed in terms of prayer clauses (a) and (b).
Disposed of. No costs.

4.     Let copy of the Petition be served on all the parties.

5.     Office objections, if any, be removed within four weeks from today.




                                                   (AARTI SATHE, J.)




                                    Page 2 of 2
Mane


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