PAPERBOX COMPANY OF INDIA vs GOLDENSOURCE INTERNATIONAL PVT LTD

Judgment text excerpt

ARBP.113.2024.Final.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 113 OF 2024 ALONGWITH COMM. ARBITRATION PETITION (L) NO. 21730 OF 2023 Paperbox Company of India …Petitioner Versus Goldensource International Pvt. Ltd. …Respondent Mr. Rohan Cama a/w Mr. Anish Karande i/b Ashish Amritlal Gatagat for the Petitioner. Mr. Anil D’souza a/w Mr. Mark Dbritto and Mr. Ernest Tuscano for the Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : January 31, 2025 PRONOUNCED ON : August 5, 2025 JUDGEMENT : Context and Factual Background: 1. These Petitions are filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging two arbitral awards dated May 15, 2023 (“Impugned Award”) by which the Petitioner, Paper Box Company Digitally Page 1 of 29 signed by AARTI AARTI GAJANAN August 5, 2025 GAJANAN PALKAR PALKAR Date: 2025.08.05 15:09:47 +0530 ARBP.113.2024.Final.docx of India (“Paperbox”) has been held liable to refund the security deposit and electricity deposit with interest at the rate of 10% from June 12, 2020 to the Respondent, GoldenSource International Pvt. Ltd. (“ GoldenSource”). 2. The two arbitration proceedings relate to interpreting provisions of two identical Leave and License Agreements dated April 30, 2019 (collectively, “Agreement”) for the period from April 1, 2019 to March 31, 2020, for GoldenSource to use 10,262 square feet of super built-up area on the lower ground floor and 22,777 square feet of super built-up area on the first floor of the Paper Box House building, along with proportionate usage of identified common areas (“Licensed Premises”). 3. The parties also contracted an agreement for amenities in parallel for each floor and overall, the relationship between