The High Court dismissed an appeal against an order setting aside an arbitral award. The Court upheld the lower court and the tribunal's finding that a stockist was liable for loss of goods by fire under the contract clauses. No interference was found necessary.
The appeal was dismissed upholding the single judge order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 of 3 APPL.714.2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (LODGING) NO.714 OF 2012 IN ARBITRATION PETITION NO.24 OF 2009 WITH NOTICE OF MOTION NO.2496 OF 2012
M/s.Baphana Warehousing Pvt.Ltd. versus
M/s.Bharat Petroleum Corporation Limited
Appellant Respondent
Mr.R.D.Soni i/by Ram & Co. for Appellant. Mr.S.A.Bhalwal i/by Vyas & Bhalwal for Respondent.
CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ.
DATE : 17 July 2013
PC :
2 of 3 APPL.714.2012
Clause-5 indicates that the stockist was responsible for safe keeping of the goods at his godown and any loss or damage after receipt of the goods at the godown would be debited to the account of the stockist. The expression “for any reason like pilferage, shortage, contamination” is clearly indicative of the fact that those reasons were not exhaustive and were only illustrative. The arbitrator in holding that a loss by fire would fall within the purview of Clause-5 has adopted an interpretation of the contract, which cannot be regarded as perverse and, at the least, is a possible view.
3 of 3 APPL.714.2012
(DR.D.Y.CHANDRACHUD, J.)
(S.C.GUPTE, J.)
MST
4 of 3 APPL.714.2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2496 OF 2012 IN APPEAL (LODGING) NO.714 OF 2012 IN ARBITRATION PETITION NO.24 OF 2009
Baphana Warehousing Pvt.Ltd. versus
Bharat Petroleum Corporation Limited
Appellant
Respondent
CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ.
DATE : 17 July 2013
PC :
(DR.D.Y.CHANDRACHUD, J.)
(S.C.GUPTE, J.)
MST
3 issues framed by the court
Whether the learned Single Judge erred in dismissing a petition for setting aside an arbitral award that interpreted Clause 5 of the agreement to make the stockist liable for loss by fire.
Whether a loss occurring by fire falls within the purview of Clause 5 which lists reasons like pilferage or shortage.
Whether the interpretation given by the arbitral tribunal regarding the liability of the stockist for loss of goods was perverse.
1 provisions across 1 enactments
M/s. Baphana Warehousing Pvt. Ltd.
M/s. Bharat Petroleum Corporation Limited
D.Y. Chandrachud
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
