The High Court, by consent of parties, set aside an impugned arbitral award. It directed a fresh award on the disputes by an arbitral tribunal appointed by the Yarn Court Merchants & Association Limited.
The impugned award is set aside; a fresh award to be made by an arbitral tribunal appointed by Yarn Court Merchants & Association Limited.
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.
arbp1624-14
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.1624 OF 2014
M/s.Shreeji Sulz Pvt. Ltd. V/s.
M/s.Dodhia Synthetics Ltd. & Ors.
...Petitioner
...Respondents
Mr.Anand Poojari for the Petitioner.
Mr.Lalit Jain for Respondent No.1.
CORAM : R.D. DHANUKA, J. DATE : 6TH APRIL, 2015.
P.C. :-
a). The impugned award dated 2nd April, 2014 is set aside. The parties have no objection if there is fresh award on adjudication of the disputes between the parties by the arbitral tribunal to be appointed by the Yarn Court Merchants & Association Limited. All the contentions of both the parties are kept open.
b). The learned arbitrator shall decide the matter afresh in accordance with law and without being influenced by the observations and the findings rendered in the impugned award dated 2nd April, 2014.
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arbp1624-14
c). The petitioner undertakes to file the written statement
before the learned arbitrator within six weeks from today. If the petitioners do not file the written statement within the stipulated time, the learned arbitrator shall decide the dispute in accordance with the pleadings and the documents already on record.
(R.D. DHANUKA, J.)
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2 issues framed by the court
Whether to set aside the impugned arbitral award and direct a de novo adjudication.
Whether to direct the petitioner to file a written statement within six weeks.
M/s.Shreeji Sulz Pvt. Ltd.
M/s.Dodhia Synthetics Ltd.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
