Echjay Industries Private Limited vs Indus Powertech Inc. — Arbitration | Bombay HC (2025)

Echjay Industries Private Limited vs Indus Powertech Inc. — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

By consent: Respondent (Indus Powertech Inc) to pay USD 5.5 million to the Petitioner within seven (7) working days as a pro-tem arrangement, without prejudice to the rights and contentions of both parties and subject to the final outcome of the Award; Petitioner to invoke arbitration at the earliest; Section 9 petition disposed of accordingly; Contempt Petition No.33 of 2025 listed on 8th January, 2026 for further consideration.

Issue for consideration

Whether the Section 9 petition concerning the Petitioner's claim of USD 9,938,891.88 overdue against invoices (forgings of aggregate value USD 10 million supplied against a purchase order) should be disposed of in terms of the parties' agreed pro-tem payment arrangement pending invocation of arbitration. +1 more

Court's answer

The Petition filed under Section 9 of the Arbitration and Conciliation Act is disposed of in the wake of the arrangement between the parties, whereby the Respondent agreed, without prejudice and subject to the final outcome of the Award, to pay USD 5.5 million to the Petitioner within seven working days as a pro-tem arrangement, and the Petitioner agreed to receive it pro-tem and to invoke arbitration at the earliest.

Key takeaways

The Contempt Petition is directed to be listed on 8th January, 2026 for further consideration.¶¶29
The order dated 28/11/2025 stands corrected by recording the presence of Mr. Jagtiani for the Petitioner.¶¶20

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Bharati Dangre, J.), order dated 05-12-2025 in Commercial Arbitration Petition No.937 of 2025, with Contempt Petition No.33 of 2025 in Commercial Arbitration Petition (L) No.16800 of 2023 — Echjay Industries Private Limited v. Indus Powertech Inc. On the Petitioner's Section 9 claim (forgings of aggregate value USD 10 million supplied against a purchase order; USD 9,938,891.88 stated overdue and outstanding against invoices under the Master Supply Agreement), the Court recorded the parties' consent to a pro-tem arrangement pending arbitration: the Respondent agreed, without prejudice to rights and contentions and subject to the final outcome of the Award, to pay USD 5.5 million within seven working days, and the Petitioner agreed to receive the amount pro-tem and to invoke arbitration at the earliest (arbitration not yet invoked). The Section 9 petition was disposed of on that basis; the Contempt Petition was directed to be listed on 8th January, 2026 for further consideration. No precedent was cited or discussed.

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Salgaonkar

MANDIRA MILINDSALGAONKAR Digitally signed by MANDIRAMILIND SALGAONKARDate: 2025.12.08 14:38:41+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL ARBITRATION PETITION NO.937 OF 2025

WITH

CONTEMPT PETITION NO.33 OF 2025

IN

COMMERCIAL ARBITRATION PETITION (L) NO.16800 OF 2023

Echjay Industries Private Limited .. Petitioner

Versus

Indus Powertech Inc .. Respondent

Mr.Janak Dwarkadas, Senior Advocate with Mr.Sharan Jagtiani, Senior Advocate, Mr.Jegangir Jejeebhoy, Ms.Avanti Divan, Mr.Rahul Dwarkadas and Mr.George P. Reji i/b RJD & Partners for the Petitioner.

Mr.Vikram Nankani, Senior Advocate with Anoushak Daver, Bani Dikshit, Yoginder Handoo, Uddhav Khanna, Vishal Hegde, Anuja Apte and Mehul Talera i/b Samudra Legal LLP for the Respondent.

CORAM: BHARATI DANGRE, J.

DATE : 5^th DECEMBER, 2025

P.C:-

The order dated 28/11/2025 stands corrected by recording the presence of Mr.Jagtiani for the Petitioner.

In the wake of the order dated 28/11/2025, in respect of the claim of the Petitioner in Section 9 Petition, based on the

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supply of forgings in the aggregate value of USD 10 million to the Respondent against the purchase order issued, and a claim being staked under Section 9, that an amount of USD 9,938,891.88 is overdue and outstanding as against the invoices raised by the Petitioner, the parties have agreed for pro-tem arrangement till the dispute is taken to the Arbitrator in terms of the clause contained in Master Supply Agreement executed between the parties.

The learned senior counsel Mr.Nankani representing the Respondents, without prejudice to the rights and contentions and subject to the final outcome of the Award, as the parties are desirous of invoking arbitration, is agreeable for payment of USD 5.5 million to the Petitioner, within a period of seven (7) working days.

Learned senior counsel Mr.Dwarkadas alongwith senior counsel Mr.Jagtiani, representing the Petitioner have agreed to receive the amount as a pro-tem arrangement and this amount, according to them, is without prejudice to their rights and contentions and the claim that would be staked in arbitral proceedings.

Since,the Petitioner has not yet invoked arbitration, a statement is made that at the earliest arbitration shall be invoked and steps shall be taken towards it.

In the wake of the aforesaid arrangement between the parties, Petition filed under Section 9 of the Arbitration and Conciliation Act is disposed of.

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As far as the Contempt Petition is concerned, it is directed to be listed on 8^th January, 2026 for further consideration.

(BHARATI DANGRE, J.)