SMT ARUNA NILESH SHAH vs SMT MOTIBEN MULCHAND SHAH AND 7 ORS

Judgment text excerpt

12-CARAP-82-2024==.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 82 OF 2024 Digitally signed by SHRADDHA SHRADDHA KAMLESH Aruna Nilesh Shah … Applicant KAMLESH TALEKAR TALEKAR Date: 2025.09.29 Vs. 19:03:49 +0530 Inter Globe Services & Ors. .. Respondents WITH SUIT NO. 852 OF 2016 WITH INTERIM APPLICATION NO. 4903 OF 2022 IN SUIT NO. 852 OF 2016 Aruna Nilesh Shah … Petitioner Vs. Motiben Mulchand Shah & Ors. ... Respondents Mr. Vishal Kanade a/w. Mr. Rubin Vakil, Ms. Sonam Mhatre and Mr. Amit Mishra i/b Dhaval Vussonji & Associates, for Petitioner. Mr. Chetan Kapadia, Senior Advocate a/w. Mr. Rahul Sarda, Mr. S.H. Merchant, Rihal Kazi, Guru Shanmugam and Ms. Zainab Tinwala i/b M & M Legal Ventures, for Respondents in CARAP-82-2024 and Applicants in both IAs. CORAM : SOMASEKHAR SUNDARESAN, J. Date : September 29, 2025 Judgment: Context and Factual Background: 1. Commercial Arbitration Application No. 82 of 2024 (“Section 11 Application”) is an application filed by Aruna Nilesh Shah (“ Aruna”) under Page 1 of 12 September 29, 2025 12-CARAP-82-2024==.docx Section 11 of the Arbitration and Conciliation Act, 1996 (“ the Act”), seeking reference to arbitration of all disputes and differences between the parties in connection with a Partnership Deed dated April 1, 1988 (“ Partnership Deed”) that governs a partnership firm called Inter Globe Services (“ Inter Globe”). 2. Aruna’s father Mr. Mulchand Anantji Shah (“Mulchand”) was a partner of Inter Globe until his demise on August 26, 2013. Suit No. 852 of 2016 (“Suit 852”) had been filed by Aruna in relation to disputes and differences with other family members and claimants to Mulchand’s estate. Inter Globe and its other partn