Bombay High Court
Capalpha Trade Private Limited vs Dentsu Communications India Pvt. Ltd. on 20 February, 2026
39-CARBP-183-2015.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 183 OF 2025
WITH
INTERIM APPLICATION (L) NO. 2915 OF 2025
Capalpha Trade Private Ltd. ... Petitioner
Vs.
Dentsu Communications India ... Respondent
Private Limited
Mr. Nirav Shah a/w. Ms. Arti Raghavan, Mr. Amit Shroff and
Mr. Vijay Mulchandani i/b. Harish Shroff & Co. for the
Petitioner.
Mr. Sanjeev Puri, Senior Advocate a/w. Ms. Anindita Roy
Chowdhury, Mr. Sushrut Garg and Ms. Isha Patil for the
Respondent.
CORAM : GAURI GODSE, J.
DATE : 20th FEBRUARY 2026
ORDER :
1. Learned counsel for the petitioner has concluded his arguments.
2. Heard learned senior counsel for the respondent. He seeks time to produce the law to support his submissions that if during the arbitral proceedings some new facts are brought to the notice of the tribunal, the tribunal can look into Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:
2026.02.21 1/2 12:29:00 +0530 ::: Uploaded on - 21/02/2026 ::: Downloaded on - 27/02/2026 21:52:43 ::: 39-CARBP-183-2015.docx it and pass an order to that effect that the dispute would not be arbitrable by taking recourse to sub-section (4) of Section 16 of The Arbitration and Conciliation Act, 1996 ('The Arbitration Act'). He therefore submits that even after filing statement of defence, if some new material is noticed by the tribunal, the tribunal can take it into consideration and record findings and pass an order under Section 16 of the Arbitration Act that the dispute would not be arbitrable.
3. At the request of the learned senior counsel for the respondent, stand over to 6th March 2026. To be listed as part-heard first in the list of final disposal.
[GAURI GODSE, J.] 2/2 ::: Uploaded on - 21/02/2026 ::: Downloaded on - 27/02/2026 21:52:43 :::