Bombay High Court

SILVERSTONE LOGISTICS REP BY ITS PARTNERS AND 2 ORSversusGOA METALLICS THR ITS PROPRIETOR AND ANR

Disposal: Disposed of

Holding

The High Court disposed the petition by directing the District Judge to decide the preliminary objections within four weeks.

Summary

The petitioners Silverstone Logistics and partners filed a writ petition challenging a July 14, 2026 order of the District Judge‑1, North Goa, which stayed proceedings in Commercial Matter No.64/2026/B before the Commercial Court at Merces. They alleged that the order was passed without any notice or opportunity of hearing. The petitioners also contended that the appeal itself was not maintainable under Section 37(3) read with Section 5 of the Arbitration and Conciliation Act, 1996. The High Court directed the District Judge to consider and decide the petitioners’ application raising these preliminary objections within four weeks from the date of the order. Accordingly, the writ petition was disposed.

Issues considered

Whether the order staying the commercial proceedings was passed without notice and hearing
Whether the appeal is maintainable under Section 37(3) and Section 5 of the Arbitration and Conciliation Act, 1996

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 37(3), 5

Subjects

Arbitration
Maintainability of Appeal
Stay Order
Due Process
Notice
Hearing
Commercial Court
Preliminary Objections

Judgment

2026:BHC-GOA:1642
                                              6 WP 922 2026

                Jose

                       IN THE HIGH COURT OF BOMBAY AT GOA
                               WRIT PETITION NO.922 OF 2026

           SILVERSTONE LOGISTICS REP BY ITS
           PARTNERS AND 2 ORS                                     ... PETITIONERS
              Versus
           GOA METALLICS THR ITS PROPRIETOR
           AND ANR                                                ... RESPONDENTS


           Mr Vledson Braganza with Mr Vilas Pavithran, Advocates for
           the Petitioners.


                                 CORAM:- S. G. CHAPALGAONKAR, J.
                                 DATED :- 18th August, 2026

           P.C.:


           1.     The present petition raises challenge to order dated 14th July,
           2026 passed in Commercial Appeal No. 3/2026 pending before the
           District Judge-1, North Goa at Merces, whereby learned District
           Judge stayed the proceedings in CMA No.64/2026/B that is
           pending before Commercial Court at Merces.


           2.      Learned Counsel appearing for the Petitioner submitted that
           impugned order is passed without notice or opportunity of hearing
           to the Petitioner. The Petitioner has already filed an application
           objecting to maintainability of the proceeding in appeal before the
           District Judge. He has specifically raised objection that in view of


                                                Page 1 of 2
                                              18th August, 2026
                                                              6 WP 922 2026


                        Section 37(3) read with Section 5 of the Arbitration and
                        Conciliation Act, 1996, the appeal itself is not maintainable.


                        3.         In light of aforesaid factual background, the present petition
                        can be disposed of by issuing directions to learned District Judge to
                        consider and decide the Petitioner's application raising preliminary
                        objections expeditiously and in any case within a period of four
                        weeks from today.


                        4.        Petition stands disposed of accordingly.



                                                                    S. G. CHAPALGAONKAR, J.




Signed by: JOSE FRANCISCO
DSOUZA
                                                                Page 2 of 2
Designation: Personal Assistant
Date: 18/08/2026 14:11:46                                     18th August, 2026

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