Bombay High Court
AINUDDIN NAWAB KHANversusRAJAT TEXTILES
- Decided
- Disposal
- DISPOSED OFF
Holding
The High Court set aside the earlier dismissals and restored the interim applications, subject to the petitioner removing the office objections within two weeks.
Summary
Ainuddin Nawab Khan filed arbitration proceedings against Rajat Textiles and others and subsequently moved two interim applications seeking condonation of delay in filing the arbitration petition and a stay of the impugned award. Both applications had been dismissed by the trial court on the ground that the petitioner had not removed certain office objections. The High Court examined whether the dismissals should stand and, in the interest of substantive justice, set aside the earlier orders and restored the interim applications. The restoration is conditional on the petitioner removing the office objections within two weeks; if complied with, the condonation application will be listed for hearing on 23 September 2026. If the objections are not removed, the applications will be automatically dismissed. The interim applications are therefore disposed conditionally.
Issues considered
- Whether the dismissal of the condonation of delay application for non‑removal of office objections can be set aside
- Whether the stay of the impugned award can be restored despite the pending office objections
- Whether the petitioner must remove office objections within a stipulated period to keep the applications alive
Subjects
- Arbitration
- Condonation of delay
- Stay of award
- Office objections
- Interim application
- Restoration of applications
- Procedural compliance
Judgment
2026:BHC-OS:20075
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 11:20:49
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