Bombay High Court

ASHFORD SCDC RESORTS LLP THR ITS AUTH SIGNATORY MR. MELVIN FRANCIS DA SILVAversusVILBRAIN ALDRICH BARRETO AND ANR

Disposal: Allowed

Holding

The Court quashed the registrar’s dismissal order and restored the arbitration application, subject to clearing the office objections and payment of costs.

Summary

The applicant, Ashford SCDC Resorts LLP, filed an application to restore Arbitration Application No. 473 of 2026 after it was dismissed on 24.08.2026 for non‑removal of office objections. The applicant argued that the objections could be cleared promptly due to internal communication delays. The Court examined the application and, while noting the need to clear the objections, decided to allow the restoration subject to the objections being removed on the day and payment of costs. Accordingly, the Court quashed the registrar’s order dated 01.09.2026 and recalled the dismissal order of 24.08.2026, restoring the arbitration application to the file. The matter was listed for further hearing on 24.09.2026 and the application was disposed.

Issues considered

Whether the High Court can quash the registrar’s order dismissing the arbitration application on the ground of pending office objections
Whether the Court can restore the arbitration application to the file subject to removal of objections and payment of costs

Subjects

Arbitration
Restoration of application
Office objections
Procedural law
High Court

Judgment

2026:BHC-GOA:1839
                                           904 MCA 552 2026

                Esha

                       IN THE HIGH COURT OF BOMBAY AT GOA
                    MISC.CIVIL APPLICATION NO.552 OF 2026
                                     IN
            APPLN. FOR APPOINTMENT OF ARBITRATOR NO.473 OF 2026
                                     (F)
           ASHFORD SCDC RESORTS LLP THR ITS
           AUTH SIGNATORY MR. MELVIN FRANCIS
           DA SILVA                                                ... APPLICANT
             Versus
           VILBRAIN ALDRICH BARRETO AND ANR                        ... RESPONDENTS


           Mr. Parag S. Rao (through V.C) with Ms. D. Korgaonkar,
           Advocates for the Applicant.

           Mr. Ivan Santimano, Advocate for Respondent No. 1.


                                 CORAM:- AMIT S. JAMSANDEKAR, J.
                                 DATED :- 11th September, 2026

           P.C:
                 Heard Mr. Rao, learned Counsel for the Applicant.


           2.          This is an Application for restoration of Arbitration
           Application No. 473 of 2026 (F), which came to be dismissed
           pursuant to the order dated 24.08.2026 due to non-removal of
           office objections.


           3.     Mr. Rao submitted that the office objections could be cleared
           in time due to lack of proper communication within the office.



                                                Page 1 of 2
                                            11th September, 2026
                                                              904 MCA 552 2026


                        4.         On going through the Application and the statements made
                        therein, I am inclined to allow the Application, however, subject to
                        removing all office objections during the course of the day and
                        payment of costs of Rs.5,000/- to the High Court of Bombay at
                        Goa Employees Co-operative Credit Society Limited on the
                        following Bank Account:-
                                  Account No.:- 42838649927
                                  Bank:- State Bank of India, Treasury Branch, Panaji, Goa
                                  IFSC Code:- SBIN0008851


                        5.         Accordingly, the Application is allowed, in terms of prayer
                        clauses (a) and (b), which read as follows:
                                    "a. This Hon'ble Court be pleased to quash and set aside the
                                    order dated 01.09.2026 passed by the Registrar (Judicial).

                                    b. This Hon'ble Court be pleased to recall the order dated
                                    24.08.2026 and restore the application to file."


                        6.            The Application stands disposed of. List Arbitration
                        Application No. 473/2026 (F) on 24.09.2026.


                        7.         This order will be digitally signed by the Private Secretary/
                        Personal Assistant of this Court. All concerned will act on
                        production by fax or email of a digitally signed copy of this order.



                                                                      AMIT S. JAMSANDEKAR, J.
Signed by: VAIGANKAR ESHA
SAINATH
                                                                   Page 2 of 2
Designation: Personal Assistant
Date: 11/09/2026 16:10:02                                      11th September, 2026

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