Created by Fuzzy Cloud

Bombay High Court

AINUDDIN NAWAB KHANversusRAJAT TEXTILES

Decided
Disposal
DISPOSED OFF

Holding

The court set aside the dismissals and restored the interim applications, subject to the petitioner removing the office objections within two weeks.

Summary

The petitioners, led by Ainuddin Nawab Khan, filed interim applications seeking condonation of delay in filing an arbitration petition and a stay of an impugned award, both of which had been dismissed due to unremoved office objections. The High Court examined the applications and, emphasizing substantive justice, set aside the earlier dismissals and restored the applications, directing the petitioner to remove the office objections within two weeks. The court ordered that, upon removal of objections, the condonation application would be listed for hearing on 23 September 2026. It further stipulated that failure to remove the objections would automatically result in the dismissal of the related interim applications. Consequently, the interim applications were restored conditionally, pending compliance with the objection removal requirement.

Issues considered

  • Whether the court should condone the delay in filing the arbitration petition.
  • Whether a stay of the impugned award should be granted despite pending office objections.
  • Whether the dismissal of the applications for non‑removal of office objections can be set aside.

Subjects

  • Arbitration
  • Condonation of delay
  • Stay of award
  • Office objections
  • Interim application
  • Civil Procedure

Judgment

2026:BHC-OS:20073

                                                                                  24 ia 5117 of 2026.doc

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION
                              INTERIM APPLICATION NO.5117 OF 2026
                                              IN
                            INTERIM APPLICATION (L) NO.15114 OF 2026
                                              IN
                           ARBITRATION PETITION (L) NO.12650 OF 2026

            Ainuddin Nawab Khan                                  ...         Applicant/Petitioner
                  versus
            Rajat Textiles and Ors.                              …           Respondents
                                            WITH
                             INTERIM APPLICATION NO.5168 OF 2026
                                              IN
                           INTERIM APPLICATION (L) NO.14584 OF 2026
                                              IN
                           ARBITRATION PETITION (L) NO.12650 OF 2026

            Ainuddin Nawab Khan                                  ...         Applicant/Petitioner
                  versus
            Rajat Textiles and Ors.                              …           Respondents

            Ms.Swati Sawant with Mr. Mahesh Gupta, for Applicant.
            Mr. Dhruva Gandhi with Mr. Lalit Jain, Ms. Gayatri Devendra i/by Mr. Rakesh
            G. Jain, for Respondent No.1.
            Mr. Aniesh Jadav, Mr. Nikhil Adkine, Mr. Aaryan Gaur, Mr. Amit Chavan i/by
            Mr. Tatsat Gor, for Respondent Nos.2 and 3.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      9 SEPTEMBER 2026

            P.C.

            1.      Interim Application No.5168 of 2026 is not on board. Upon mentioning,

            taken on board.

            2.      Heard the learned Counsel for the parties.

            3.      These Interim Applications are preferred for restoration of the Interim


            SSP                                                        1/2
                                                                                      24 ia 5117 of 2026.doc

                      Applications seeking condonation of delay in filing the Arbitration Petition and

                      for stay to the impugned award, which came to be dismissed for non-removal

                      of office objections.

                      4.       For the reasons in the Applications and to advance the cause of

                      substantive justice, the orders dated 10 July 2026 dismissing the Application

                      for condonation of delay and the application seeking stay to the impugned

                      award, for non-removal of office objections stand set aside and both these

                      Interim Applications stand restored to file, subject to the Applicant removing

                      office objections within a period of two weeks.

                      5.       In the event, the office objections are removed, list the application for

                      condonation for delay for hearing on 23 September 2026.

                      6.       In case, the Applicant fails to remove the office objections within the

                      stipulated period of two weeks, this order shall stand automatically recalled

                      and IA (L) Nos.15114 of 2026 and 14584 of 2026 stand dismissed without

                      further reference to this court.

                      7.       Interim Applications stand disposed.




                                                                          ( N.J.JAMADAR, J. )




                      SSP                                                    2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 11/09/2026 11:20:12


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.