# In the matter of Tithi Chandrajit Shah vs. Rajendrabhai Alias Samirbhai Natwarlal Shah & Ors.

> HC judgment dated 2025-10-13. Citation: TCN-2025-HC-00078. The case involves two connected appeals arising from orders related to an arbitral award concerning…

- **Court:** HC
- **Order date:** 13 Oct 2025
- **Citation:** TCN-2025-HC-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/tithi-chandrajit-shah-vs-rajendrabhai-alias-samirbhai-natwarlal-shah-ors-f287fc77

## Summary

### Background

The case involves two connected appeals arising from orders related to an arbitral award concerning a family dispute over ancestral properties and businesses. The appellants, Hetalben Chandrajit Shah and Tithi Chandrajit Shah, challenged the arbitral award, which was a consent award based on a family arrangement.

## Facts

The dispute concerns ancestral properties and businesses inherited by two brothers, Rajendrabhai and Chandrajitbhai, from their father.

A Memorandum of Agreement (MOA) / Family Arrangement was executed on 02.01.2014 to resolve disputes between the two families.

The MOA was partially implemented, but disputes remained, leading to a civil suit and subsequent referral to arbitration.

A three-member Arbitral Tribunal was constituted, and a consent award was passed on 03.06.2016 based on a settlement agreement.

The appellants, Hetalben and Tithi, challenged the consent award by filing applications under Section 34 of the Arbitration and Conciliation Act, 1996.

…

## Issues and analysis

### Issue 1: Whether the applications under Section 34 of the Arbitration and Conciliation Act, 1996 were barred …

**Ratio:** The limitation period for filing an application under Section 34 of the Act reckons from

…

**Reasoning:** The court held that the appellants were duly represented by Chandrajitbhai, the head of

…

**Interpretation:** The court interpreted the words 'each party' in Section 31(5) of the Act to

…

**Application:** The court applied this interpretation to conclude that the limitation period

…

## Parties

- **Judges:** Sunita Ag…; D.N.…
- **Appellants:** Hetalben Chandraji…; Tithi Chandrajit…
- **Respondents:** Rajendrabhai…; D.C.D…; +3 more
- **Advocates:** Parth D.…; Anal S.…; +7 more

## Timeline

- **2014-01-02 — Execution of MOA /…**: A Memorandum of Agreement (MOA) / Family Arrangement was executed to resolve disputes…
- **2016-05-19 — Settlement Ag…**: Settlement agreement signed by…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/bombay-high-court-panaji/tithi-chandrajit-shah-vs-rajendrabhai-alias-samirbhai-natwarlal-shah-ors-f287fc77