Bharat Petroleum Corporation Limited vs Vinergy International Private Limited and Anr.

12-CARAP-38-2025 @ IAL-16363-2024.doc

Digitally signed by PURTI PURTIPRASAD PRASAD PARAB PARAB Date:2025.07.15 15:36:30 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

COMM. ARBITRATION APPLICATION NO. 38 OF 2025 ALONGWITH INTERIM APPLICATION (L) NO. 16363 OF 2024 IN COMM. ARBITRATION APPLICATION NO. 38 OF 2025

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Bharat Petroleum Corporation Limited …Applicant Versus

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Vinergy International Private Limited and Anr. …Respondents

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Mr. Roopadaksha Basu a/w Ms. Heenal Wadhwa and Mr. Ahmed Padela i/b The Law Point for the Applicant. Ms. Madhura Kulkarni i/b Juris Corp for the Respondent.

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CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JULY 10, 2025

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ORDER :

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This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( “the Act” ) seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under the agreement dated April 30, 2001 ( “Agreement” ). The arbitration agreement is contained in Clause 11 of the Agreement (found at Page No. 25 of the Application). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court.

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Learned Advocate for the Respondents has entered appearance and submits that by an order dated December 9, 2024 Respondent No.1 has

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Page 1 of 4 July 10, 2025

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Purti Parab

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12-CARAP-38-2025 @ IAL-16363-2024.doc

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been resolved pursuant to a Corporate Insolvency Resolution Process (“ CIRP ”) under the Insolvency and Bankruptcy Code, 2016 (“ IBC ”). Consequently, it is her contention that nothing may survive in the dispute in question.

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Be that as it may, since the entity in question has executed the arbitration agreement and a formally valid arbitration agreement is in existence, whether or not the claims raised by the Applicant stand substituted by the terms of resolution plan approved is a question of fact which can only be ascertained by the Learned Arbitral Tribunal. The same may be presented to the Learned Arbitral Tribunal by appropriate application on arbitrability under Section 16 of the Act.

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The scope of review under Section 11 is explicitly set out in Section 11(6A) of the Act. It is now trite law, with particular regard to the Supreme Court’s decision rendered by a seven-judge Bench in the Interplay Judgement¹ followed by multiple others, including SBI General² and Patel³ that the Section 11 Court ought not to venture beyond examining the existence of a validly existing arbitration agreement that has been formally executed. Even questions of existential substance is a matter that falls squarely in the domain of the arbitral tribunal, in view of Section 16 of the Act.

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1 In Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 - (2024) 6 SCC 1

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2 SBI General Insurance Co. Ltd. Vs. Krish Spinning - 2024 SCC OnLine SC 1754

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3 Ajay Madhusudan Patel Vs. Jyotrindra S. Patel - 2024 SCC OnLine SC 2597

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Page 2 of 4 July 10, 2025

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Purti Parab

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The Section 11 Court is required to resist the temptation of delving into issues outside the scope of its jurisdiction – examination of existence of an arbitration agreement. Being satisfied that an arbitration agreement is validly in existence, and that arbitration has been duly invoked, it is in the fitness of things to refer the disputes and differences between the parties in connection with the aforesaid Agreement to arbitration by a Sole Arbitrator.

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In these circumstances, no useful purpose would be served by keeping this matter pending any further on the docket of this Court. This Application is finally disposed of in the following terms:-

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A] Ms. Vinodini Srinivasan, Learned Advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above ; Address : 11C, Examiner Press Building, Dalal Street, Fort,

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Mumbai - 400 001.

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E mail : [email protected]

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B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocate for the Applicant within a period of one week from the date on which this order is uploaded on the website of this Court. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

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C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocate for the Applicant

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Page 3 of 4 July 10, 2025

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Purti Parab

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12-CARAP-38-2025 @ IAL-16363-2024.doc

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so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocate for the Applicant to the Respondents;

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D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration;

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E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

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Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby.

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All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

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[ SOMASEKHAR SUNDARESAN, J.]

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Page 4 of 4 July 10, 2025

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Purti Parab

Bharat Petroleum Corporation Limited v. Vinergy International Private Limited and Anr.

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