Authority: Supreme Court of India

Order Date: 24 September 2026

Case Overview

  • Civil Appeal No. 3958/2017 filed by M/s. Goan Real Estate and Construction Limited (appellant) against M/s. Sharma Kalyspo Private Limited (respondent).
  • The appeal challenged the order dated 09 January 2015 of the High Court of Bombay at Goa that allowed the respondent to file an application under Section 11(6) of the Arbitration and Conciliation Act, 1996.
  • A Special Leave Petition was filed; the Supreme Court, by order dated 27 April 2015, stayed the High Court judgment, thereby halting the arbitration proceedings.
  • Counsel for the appellant submitted that the National Company Law Tribunal (NCLT) had passed a liquidation order against the respondent, evident from orders dated 02 June 2022 in IA 1744/ND/2021 and IA 3505/ND/2021, Company Petition No. (IB)-1887 (ND)/2019.
  • The Court observed that, in view of the liquidation order and the earlier interim stay, the present civil appeal had become infructuous.

Final Outcome

  • The Civil Appeal No. 3958/2017 is disposed of in terms of the signed order.
  • Any pending application(s), if any, shall stand disposed of.

Topics: Arbitration, Insolvency, Court Order