M3NERGY SDN. BHD. (FORMERLY KNOWN AS TRENERGY/M3NERGY BERHAD) vs HINDUSTAN PETROLEUM CORP. LTD. AND ANR.

Judgment text excerpt

CARBP.548.2014.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 548 OF 2014 M3nergy SDN. BHD. …Petitioner Versus Hindustan Petroleum Corporation Ltd. Prize Petroleum Company Ltd. & Anr …Respondents WITH COMMERCIAL ARBITRATION PETITION NO. 76 OF 2018 M3nergy SDN. BHD. …Petitioner (Formerly known as Trenergy/ M3nergy Berhad) Versus Hindustan Petroleum Corporation Ltd. & Anr …Respondents WITH COMMERCIAL ARBITRATION PETITION NO. 1101 OF 2018 M3nergy SDN. BHD. …Petitioner (Formerly known as Trenergy/ M3nergy Berhad) Versus Hindustan Petroleum Corporation Ltd. & Anr …Respondents Dr. Rishab Gupta a/w Kanika Goenka,Shreya Jain, Swagata Ghosh, Sanjana Kattoor, i/b Shardul Amarchand Mangaldas & Co., for the Petitioner. Digitally signed by ASHWINI JANARDAN Mr. Shashwat Singh, i/b Advani Law LLP, for Respondents. ASHWINI JANARDAN VALLAKATI VALLAKATI Date: 2025.11.03 15:10:58 +0530 Page 1 of 73 November 3, 2025 CARBP.548.2014.docx CORAM: SOMASEKHAR SUNDARESAN, J. RESERVED ON : February 5, 2025 FURTHER RESERVED ON: October 10, 2025 PRONOUNCED ON : November 3, 2025 JUDGEMENT: Context and Factual Background: 1. This Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an arbitral award titled ‘partial award’ dated January 9, 2014 (“ Impugned Award”) passed unanimously by a three-member arbitral tribunal, returning a fundamental finding that a Joint Executing Agreement (“ JEA”) that had been initialled by the parties (but not formally signed and executed) was validly in existence. 2. The Petitioner, M3nergy Sdn. Bhd. (“M3”) questions the very existence of an arbitration agreement under Section 7 of the Act in the absence of signatures on the JEA in which the arbitration clause