IQBAL TRADING COMPANY vs THE UNION OF INDIA AND ORS

Judgment text excerpt

J-F-ARA.27.2012.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.27 OF 2012 Iqbal Trading Company ...Appellant Versus The Union of India & Ors. ...Respondents Mr. S.K. Halwasia a/w. Ms. S.S. Halwasia and Mr. Keshav Thakur i/b. Halwasia and Co., Advocates for the Appellant. Mr. Mohamedali M. Chunawala a/w. P.S. Gujar, Advocates for Respondents. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : May 6, 2025 PRONOUNCED ON : November 10, 2025 JUDGEMENT: Context and Factual Background: 1. This is an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) challenging an order dated October 21, 2011 (“Impugned Order”) passed by a Learned District Judge, Pune Digitally signed by AARTI AARTI GAJANAN Page 1 of 26 GAJANAN PALKAR PALKAR Date: 2025.11.10 November 10, 2025 12:00:07 Aarti Palkar +0530 J-F-ARA.27.2012.doc refusing to exercise jurisdiction under Section 34 of the Act in relation to an arbitral award dated January 16, 1998 (“Arbitral Award”). 2. The Impugned Order records the opinion of the Learned District Judge that the arbitration proceedings that led to the Arbitral Award is governed by the Arbitration Act, 1940 (“ 1940 Act”) and not the 1996 Act. The Impugned Order also returns a finding that the challenge to the Arbitral Award was hopelessly barred by limitation. Applying the standards applicable under the 1940 Act, the Impugned Order also emphatically upholds the Arbitral Award. 3. A brief overview of the factual matrix for purposes of adjudicating this Appeal would be necessary, and is summarised below:- a) The Appellant, Iqbal Trading Company (“Iqbal”) is said to have been a registered supplier of meat with the armed forces for 15 years. The Respondents are essentially, the Government