KALYANI ADITYA MINERAL LIMITED THROUGH ITS DIRECTOR MR. SAURABH MITTAL vs ADITYA BIRLA GLOBAL TRADING INDIA PRIVATE LIMITED

Judgment text excerpt

30.CARAPL.8657.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION (L) NO.8657 OF 2024 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.7917 OF 2024 Kalyani Aditya Mineral Limited ...Applicant Versus Aditya Birla Group Trading (India) Pvt. Ltd. ...Respondent Mr. Ashutosh Kulkarni i/b. Gaurav Sharma, Advocate for Applicant. Ms. Ankita Singhania a/w. Abhileen Chaturvedi, Tushar Karkaria & Mr. Sparsh Khosla i/b. Cyril Amarchand Mangaldas, Advocate for Respondent No.1. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : FEBRUARY 10, 2025 ORAL JUDGEMENT: Context and Background: 1. Both these Applications have been filed invoking Section 14 of the Arbitration and Conciliation Act, 1996 (“the Act”). Each Application challenges the mandate of the respective arbitrator appointed in the underlying proceedings. 2. The parties to the two arbitral proceedings (and to these Applications) are identical – the Applicant, Kalyani Aditya Mineral Ltd. (“Kalyani Aditya”) and Aditya Birla Group Trading (India) Pvt. Ltd. Digitally (“Aditya Birla Trading”) signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: 2025.02.14 17:45:48 Page 1 of 12 +0530 FEBRUARY 10, 2025 Aarti Palkar 30.CARAPL.8657.2024.doc 3. The proceedings are being conducted at the Mumbai Centre for International Arbitration (“MCIA”), in terms of the agreed arbitration clause in their agreements, by which the parties had agreed to subject their disputes to resolution at the MCIA. 4. The two Applications are (i) Commercial Arbitration Application (L) No.8657 of 2024; and (ii) Commercial Arbitration Application (L) No.7917 of 2024. Commercial Arbitration Application (L) No.8657 of 2024: Google Search Summary Results: 5. Learned Counsel for Kalyani Aditya primarily presse