Bombay High Court

ACTIVITAS MANAGEMENT ADVISORS PVT LTDversusMind Plus Healthcare Pvt Ltd

Decided: 27 February 2026
Disposal: DISPOSED OFF
Bench: ARIF S DOCTOR

Holding

The court condoned the delay and recalled the dismissal order, thereby restoring the arbitration petition.

Summary

The applicant, Activitas Management Advisors Pvt. Ltd., filed an interim application seeking condonation of a 53‑day delay and the recall of a July 4, 2025 order that dismissed its arbitration petition filed under Section 11 of the Arbitration and Conciliation Act, 1996. The court examined the reasons for the delay and found them sufficient. It held that granting condonation would serve the substantive interests of justice. Consequently, the court allowed the interim application, restored the arbitration petition to the file, and set aside the dismissal order. The decision reinstates the parties’ right to proceed with arbitration under the Act.

Issues considered

Whether a delay of 53 days in filing the arbitration petition can be condoned under the Arbitration and Conciliation Act, 1996.
Whether the order dismissing the arbitration petition dated 4 July 2025 can be recalled.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 11

Subjects

Arbitration
Condonation of delay
Section 11
Interim relief
High Court

Judgment

                                        1/1                      40-IA6217-25.DOC



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION

                      INTERIM APPLICATION NO. 6217 OF 2025
                                        IN
                   ARBITRATION APPLICATION NO. 203 OF 2024
Activitas Management Advisors Pvt. Ltd.                              … Applicant
In the matter of :-
Activitas Management Advisors Pvt. Ltd.                              … Petitioner
         Versus
Mind Plus Healthcare Pvt. Ltd.                                     … Respondent
                                     _______
Mr. Rahul Gupta i/by Yash Jariwala for the Applicant.
                                     _______
                            CORAM         :     ARIF S. DOCTOR, J.
                            DATE          :     27th FEBRUARY, 2026
P.C.


1.       This interim application seeks condonation of delay for a period of 53

days, as well as recall of an order dated 4 th July, 2025 by which the captioned

Arbitration Petition (which is filed under provision of Section 11 of the

Arbitration and Conciliation Act, 1996) came to be dismissed.

2.       Having heard learned Counsel, who has taken me through this Interim

Application. Given that I am satisfied that sufficient cause has been shown, in

my view, the substantive interest of justice could thereby be served. This Interim

Application is allowed, and the Petition under Section 11 of the Act is restored to

file. Therefore, this application is accordingly allowed in terms of prayer clause

A & B.



                                                             [ARIF S. DOCTOR, J.]


MPBalekar

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Rahul Gupta