MASTER DRILLING INDIA PRIVATE LIMITED vs SAREL DRILL AND ENGINEERING EQUIPMENT INDIA PRIVATE LIMITED

CARBP-777-2024 @ IA-3682-2024 .doc PURTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION 1. This Petition is purported to have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“ the Act”). The Petition challenges an order dated May 10, 2024 ( “Impugned Order”) passed by the Learned Arbitral Tribunal in disposal of an Application filed by the Petitioner invoking Section 31(6) read with Section 32(2)(c) of the Act, November 12, 2025 Purti Parab CARBP-777-2024 @ IA-3682-2024 .doc essentially repelling the contentions of the Petitioner that the very conduct of the arbitration proceedings is untenable. 2. The arbitral proceedings relate to a Business Transfer Agreement dated September 3, 2018 (“Agreement”) executed between the Petitioner, Master Drilling India Private Limited (“Master Drilling”) and the Respondent, Sarel Drill & Engineering Equipment India Private Limited (“Sarel Drill”). In terms of the Agreement, the business and assets of Sarel Drill were sold to Master Drilling. According to Sarel Drill, the Agreement lapsed owing to conditions precedent not being met due to breach attributable to Master Drilling,