SHRIRAM EPC LTD. vs PARKER-HANNIFIN INDIA PVT. LTD.

Judgment text excerpt

J-CARBP 909.2019.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 909 OF 2019 KAVITA SUSHIL JADHAV Digitally signed by Shriram EPC Ltd., …Petitioner KAVITA SUSHIL JADHAV Date: 2025.08.04 17:23:35 +0530 Versus Parker-Hannifin India Pvt. Ltd., …Respondent ---------- Mr. Kevic Setalvad, Senior Counsel a/w Mrs. Rajalakshmy Mohandas, Mr. Amey Kulkarni, Ms. Mukta Chorge & Mr. Nehal Farukh Azam i/b Rajalakshmy Associates for the Petitioner. Mr. Zubin Behramkamdin, Senior Counsel a/w Vijay Purohit, Faizan Mithaiwala, Pratik Jhaveri, Niyari Bhogayta, Vinit Kamdar i/b P&A Law Officers for the Respondent. ---------- CORAM : R.I. CHAGLA, J. RESERVED ON : 19TH DECEMBER, 2024. PRONOUNCED ON : 4th AUGUST, 2025. JUDGMENT : 1. By this Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), the Petitioner is impugning (i) Award dated 5th February 2019, passed by the learned Sole Arbitrator (“impugned Award”), rejecting the Petitioner’s 1/52 J-CARBP 909.2019.doc contention and partly allowing the claim of the Respondent; and (ii) Order dated 3rd September 2016, passed by the learned Sole Arbitrator (“impugned Order”), rejecting the application filed by the Petitioner under Section 16 of the Arbitration Act. 2. A brief background of facts is necessary as stated hereunder: (i) A Purchase Order was issued by the Petitioner on 15th March, 2012 in favour of the Respondent for manufacturing and supply of 480 Hydraulic Drives and 960 Hydraulic Cylinders for a total contract price of INR 6,81,60,000/-. These goods were to be custom made as per the specification of the Petitioner and it is contended by the Respondent that the goods were of specific