Marine Electricals India Ltd vs GE Power conversion india Pvt Ltd

Judgment text excerpt

CARBPL-33283-2024-J - FINAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 33283 OF 2024 WITH INTERIM APPLICATION (L) NO. 33491 OF 2024 Marine Electricals (India) Ltd. ...Petitioner Versus Digitally signed by GE Power Conversion (India) Pvt. Ltd. ...Respondent SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: Mr. Darius Khambata, Senior Advocate a/w. Ms. Arti Raghavan, 2025.10.07 14:49:32 +0530 Counsel, Mr. Pratik Pawar, Mr. Siddhesh S. Pradhan and Ms. Meher Mistri i/b J. Sagar Associates, for Petitioner. Mr. Shiraz Rustomjee, Senior Advocate a/w. Ms. Sita Kapadia, Mr. Sulabh Rewari, Ms. Smriti Singh, Ms. Mansi Binjrajka, Ms. Arunima Athavale i/b Keystone Partners, Advocates and Solicitors, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON: FEBRUARY 4, 2025 PRONOUNCED ON: OCTOBER 7, 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 award dated August 1, 2024 (“Impugned Award”) passed by a Learned Arbitral Tribunal allowing claims made by the Respondent, GE Power Conversion (India) Pvt. Ltd. (“GE Power”) against the Petitioner, Marine Electricals (India) Page 1 of 17 October 7, 2025 Shraddha CARBPL-33283-2024-J - FINAL.doc Ltd. (“Marine”) and correspondingly, rejecting the counter-claims by Marine. 2. At the heart of the controversy between the parties lies the question of whether the agreement between the parties was meant to be an agreement for supply of equipment as contracted, or if it was an agreement that involved supply of goods as well as provision of services, with a discernible break-up of the consideration between the goods and t