BATLIBOI ENVIRONMENTAL ENGINEERING LTD THROUGH AUTHORISED SIGNATORY MR.PARTH AMOD RELE vs HINDUSTAN PETROLEUM CORPORATION LIMITED THROUGH THE GENERAL MANAGER (PROJECTS)

ARBAP-338-2024-F.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.338 OF 2024 Batliboi Environmental Engineering Ltd. ...Applicant Versus Hindustan Petroleum Corporation Limited ...Respondent Mr. Virag Tulzapurkar, Senior Advocate a/w. Mr. Aadil Parsurampuria & Mr. Aalam Parsurampuria i/b. Mr. Prashant Parsurampuria, Advocates for Applicant. Mr. Zal Andhyarujina, Senior Advocate a/w. Mr. Vijay Purohit, Mr. Jahaan Dastur, Mr. Pratik Jhaveri, Mr. Faizan Mithaiwala & Mr. Vinit Kamdar i/b. P & A Law Offices, Advocates for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : March 3, 2025 PRONOUNCED ON : March 11, 2025 JUDGEMENT : 1. Whether observations made by the Supreme Court in the course of upholding an order of a Division Bench of this Court setting aside an arbitral award, would constitute a ruling on merits of the case, disabling arbitration being conducted afresh, is the issue that is presented for adjudication in the facts of this case. 2. Pursuant to a tender, a bid was made by the Applicant, Batliboi Environmental Engineering Ltd., formerly, Hydraulic & General Engineers (“Batliboi”), and was selected by th