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
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