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2025 Supreme(IND)(BOM) 11097

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ABHAY AHUJA, J
Hindustan Construction Company – Appellant
Versus
Mumbai Metro One Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Karl Tamboly, Mr. Tushad Kakatiya, Mr. Paresh Patkar, Mr. Kartik Hede, Mr. Ayaan Zariwalla, Ms. Bhakti Chandan
For the Respondents: Mr. Shanay Shah, Ms. Viloma Shah, Mr. Ativ Patel, Mr. Harshad Vyas

Table of Content
1. plaintiff's contention on the settlement agreement. (Para 3 , 4)
2. defendant's argument about arbitration on settlement agreement. (Para 5 , 11)
3. respondent's stance on arbitration clause's applicability. (Para 14 , 15 , 18)
4. court's affirmation of the settlement agreement's validity. (Para 40 , 42 , 47)
5. dismissal of application to refer disputes to arbitration. (Para 59 , 60)

ORDER. :-

1. This Interim Application has been filed by the Defendant seeking to refer the suit to Arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 and accordingly dispose of Commercial Summary Suit No. 3 of 2025.

2. The background facts leading to the filing of this application has been stated in the Application as under:

2.1 The Applicant is a private limited company and statedly is operator/concessionaire of Mumbai Metro Line – 1 project, operating between Versova, Andheri and Ghatkopar in Mumbai. The Respondent is a company operating inter alia in the infrastructure and construction sector.

2.2 The Applicant appointed the Respondent as a contractor to execute various works in respect of the Mumbai Metro Line - 1 project (between Versova – Andheri - Ghatkopar).

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