HI STYLE INDIA PVT LIMITED vs RAKESH CORPORATION

Judgment text excerpt

ARBPL-1127-2018 @ IAL-15527-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY PURTI PRASAD ORDINARY ORIGINAL CIVIL JURISDICTION PARAB Digitally signed by PURTI PRASAD PARAB Date: 2025.11.19 18:22:39 +0530 ARBITRATION PETITION (L) NO. 1127 OF 2018 ALONGWITH INTERIM APPLICATION (L) NO. 15527 OF 2024 Hi Style India Pvt. Limited ...Petitioner Versus Rakesh Corporation …Respondent Mr. Avinash Wadhwani for Petitioner. Mr. Dhruva Gandhi for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : NOVEMBER 19, 2025 JUDGEMENT : Context and Factual Background: 1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) impugning an Arbitral Award dated May 9, 2018 (“Impugned Award”) passed by the Learned Sole Arbitrator appointed by the Mumbai Textile Merchants’ Mahajan (“Mahajan”). 2. The Impugned Award essentially directs the Petitioner, Hi Style India Pvt. Limited (“Hi Style”) to pay to the Respondent, Rakesh Corporation (“Rakesh”) a sum of Rs.15,80,895/-. The awarded amount Page 1 of 25 November 19, 2025 ARBPL-1127-2018 @ IAL-15527-2024.docx comprises payment of Rs.~11.94/- Lakhs against the bill dated May 28, 2016 along with interest thereon in the sum of Rs.~3.76/- Lakhs until the date of the Impugned Award, and a further sum of Rs.10,500/- being the cost of arbitration. 3. It is seen from the record that the Learned Arbitral Tribunal had given Hi Style multiple opportunities to present its say at hearings – those fixed on July 6, 2017, August 31, 2017, October 26, 2017, December 2, 2017 and February 27, 2018. Hi Style entered appearance on August 31, 2017 and thereafter did not attend any of the hearings. It is also seen from the record that between October 24, 2017 and March 1, 2018, in respect of the hearings scheduled, Hi Style,