✦ Bombay High Court

NEWTON FRANK SAVIO DIAS @ NEWTON DIAS v. NECTOR GILBERT DIAS @ NECTOR DIAS & Anr.

MISC.CIVIL Application No. 80 of 2026VALMIKI MENEZES

Case at a glance

Outcome

Withdrawn

Accordingly, the application shall stand dismissed as withdrawnwith leave to the Applicant to file an application under Section 29A ofthe Act, for further extension to the mandate of the Arbitration beforethe District Court, North Goa, within one week

Provisions considered

Key paragraphs

  • Para 55. Accordingly, the application for Appointment of Arbitrator No.14/2023 stands dismissed as withdrawn with leave as prayed for.VALMIKI MENEZES, J.Page 2 of 211th February, 2026

Judgment

MCA 80 of 2026 SonamIN THE HIGH COURT OF BOMBAY AT GOAMISC.CIVIL APPLICATION NO.80 OF 2026INAPPLN. FOR APPOINTMENT OF ARBITRATOR NO.14 OF 2023NEWTON FRANK SAVIO DIAS @ NEWTON DIAS ... APPLICANT VersusNECTOR GILBERT DIAS @ NECTOR DIAS AND ANR ... RESPONDENTSMr. Rai Kiran Ashok, Advocate for the Applicant.CORAM:-VALMIKI MENEZES, J.DATED :-11th February, 2026P.C.:

1.

Registry to waive office objections and register the matter.

2.

In view of the Judgment now rendered by the Hon'ble SupremeCourt in Jagdeep Chowgule V/s Sheela Chowgule and ors, reported in2026 SCC OnLine SC 124, the present application under Section 29Awould not be maintainable before this Court. The appropriate Court, asheld in the said Judgment, where an application under Section 29A ofthe Arbitration Act could have been filed, is before the District Court, North Goa.

3.

At this stage, the learned Advocate appearing for the ApplicantPage 1 of 211th February, 2026 MCA 80 of 2026submits that, considering the time period specified by Sub Section 29A4 and 5 of the Act, the application under Section 29A had beenotherwise filed within time, i.e. by 28.01.2026. On instructions, heseeks leave to withdraw this application, with leave to file the samebefore the District Court, North Goa.

Operative part

4.

Accordingly, the application shall stand dismissed as withdrawnwith leave to the Applicant to file an application under Section 29A ofthe Act, for further extension to the mandate of the Arbitration beforethe District Court, North Goa, within one week.

5.

Accordingly, the application for Appointment of Arbitrator No.14/2023 stands dismissed as withdrawn with leave as prayed for.VALMIKI MENEZES, J.Page 2 of 211th February, 2026

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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