RAJURAM SAWAJI PUROHIT vs THE SHANDAR INTERRIOR PRIVATE LIMITED

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] COMMERCIAL ARBITRATION APPLICATION (LODGING) NO.25035 OF 2024 Rajuram Sawaji Purohit, ] Sole Proprietor of : ] M/s. Mactec Realtors & Developers, ] having office at A/15, Daruwala Wadi CHSL, ] 31, Dr. D.B. Marg, Mumbai Central, ] Mumbai – 400 008. ] .. Applicant Versus The Shandar Interior Private Limited, ] having registered office at Anuradha Apartment, ] 64 Navi Peth, L.B. Shastri Road, ] Pune – 411 030 ] .. Respondent Mr. Mayur Khandeparkar with Mr. Anuj Desai and Mr. Umesh Tawari, Advocates, i/by S. Ashwinikumar & Co. LLP, for the Applicant. Mr. Sheelang Shah with Mr. Nirmal Chopda, Advocates, i/by Vraj Legal, for the Respondent. CORAM : GAUTAM A. ANKHAD, J. RESERVED ON : 3RD OCTOBER 2025. PRONOUNCED ON : 10TH OCTOBER 2025. ORDER : 1. Disputes have arisen under an Agreement for Purchase of salvage material dated 29th November 2011 (“Agreement”). The Applicant had paid a Security Deposit of Rs.51,38,000/- to the Respondent, which is the subject matter of legal proceedings including this one. After a round of Winding-up 1/13 6-CARAP(L)-25035-2024.doc Dixit Petition being Company Petition No.269 of 2016 and a Commercial Summary Suit No.721 of 2018, this Court in the said Suit, by consent of parties, referred the parties to arbitration (first round). An award was passed on 6 th June 2022 by the Tribunal inter alia holding that the Applicant’s claims are barred by limitation (“Award”). The Applicant’s Section 34 Petition (Commercial Arbitration Petition No.305 of 2023) was allowed by this Court on 7 th February 2024 and the Award was set aside in its entirety. The Applicant filed Interim Application (Lodging) No.10052 of 2024 for correction of order dated 7th February