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2025 Supreme(Bom) 768

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Abhay Ahuja
In the matter between M/s. Surya Pharmaceuticals Ltd Through Harvinder Kaur Jatana, Liquidator – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
Ms. Tulsi Shah for the Plaintiff.
Mr. Saurabh Utangale with Mr. Vadant Joshi i/b Utangale & Co. for the Defendant.

ORDER. :

1. When the matter is called out, Mr. Utangale, learned Counsel appears for Applicant and submits that the objections have been removed and it has already been approved but registered number is yet to be obtained.

2. Registry to expeditiously award the registered number.

3. This Interim Application filed by the Defendant-State Bank of India is seeking to relegate the parties to the arbitration under the Arbitration and Conciliation Act, 1996 (the “said Act”).

4. Mr. Utangale, learned Counsel appears for the Applicant and draws this Court’s attention to page 43 of the Interim Application and in particular to sub-clause (m)(b)(i) of the Agreement between the parties which pertains to dispute resolution and submits that the said clause clearly provides that any claim, difference, dispute or controversy arising between the parties shall be referred to and settled by an Arbitrator and that therefore, under the provisions of Section 8 of the said Act, this Court refer the matter to the Arbitration.

5. On the other hand, Ms. Shah, learned Counsel appears for the Plaintiff and submits that the said Application is time barred and draws this Court’s attention to Section 8(1) of the said

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