Bombay High Court
SAGAR KALIDAS KALBHORversusCEMEX INFRA
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the petitioner to file an additional defence statement and adjourned the arbitral proceedings, thereby disposing the writ petition.
Summary
The petitioner, Sagar Kalidas Kalbhor, filed a writ petition challenging an order passed in arbitral proceedings, alleging that he was not afforded an effective opportunity of hearing. The High Court, noting the nature of the impugned order, declined to entertain the petition in substantive terms. However, to uphold principles of natural justice, the Court permitted the petitioner to file an additional statement of defence within two weeks to address the amended claim. Correspondingly, the arbitral proceedings were adjourned by two weeks for further steps. The writ petition was ultimately disposed.
Issues considered
- Whether the petitioner was denied an effective opportunity of hearing in violation of natural justice
Subjects
- opportunity of hearing
- natural justice
- arbitration
- writ petition
- civil appellate jurisdiction
Judgment
2026:BHC-AS:35116-DB
903 wp 10974 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10974 OF 2026
Sagar Kalidas Kalbhor ... Petitioner
versus
Cemex Infra
through its partners … Respondents
Mr. Avinash Avhad with Mr. Sachin Gawade, for Petitioner.
CORAM: N.J.JAMADAR, J.
DATE : 25 AUGUST 2026
P.C.
1. Heard the learned Counsel for the Petitioner.
2. Having regard to the nature of the impugned order, this Court is not
inclined to entertain the Petition. However, since it is the grievance of the
Petitioner that an effective opportunity of hearing was not given while passing
the impugned order, the Court considers it expedient in the interest of justice
to grant the Petitioner an opportunity to file an additional statement of defence
to deal with the amended statement of claim, within a period of two weeks
from today.
3. The proceedings before the learned Arbitrator shall correspondingly
stand adjourned by two weeks for further steps in the arbitral proceedings.
4. Writ Petition stands disposed.
( N.J.JAMADAR, J. )
SSP 1/1
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 27/08/2026 11:51:23
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