AAKASH PACKAGING vs ARENEL (PRIVATE) LIMITED

Judgment text excerpt

J-CARBP 349.2020.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.349 OF 2020 Aakash Packaging …Petitioner Versus Arenel (Private) Limited …Respondent ---------- Mr. Mustafa Doctor, Senior Advocate a/w Ms. Spenta Havewala, Mr. Aashdin Chivalwala, Ms. Aditi Prabhu and Mr. Pratik Dave i/b Desai Desai Carrimjee and Mulla for Petitioner. Mr. Shrinivas Deshmukh a/w Mr. Sunilkumar Neelambaran, Mr. Jeyhaan Carnac and Mr. Aaron Kevin Fernandes i/b Mulla & Mulla & Craigie Blunt & Caroe for Respondent. ---------- CORAM : R.I. CHAGLA, J. RESERVED ON : 6th FEBRUARY, 2025. PRONOUNCED ON : 8th SEPTEMBER, 2025. JUDGMENT : 1. By the present Commercial Arbitration Petition, the Petitioner has challenged Award dated 2nd December, 2019 (“impugned Award”) under Section 34 of the Arbitration and KAVITA SUSHIL JADHAV Conciliation Act, 1996 (“Arbitration Act”). The Petitioner was the Digitally signed by KAVITA SUSHIL JADHAV Date: 2025.09.08 18:00:40 +0530 Respondent in the arbitration and the Respondent was the Claimant. 1/33 J-CARBP 349.2020.doc 2. The facts briefly stated are as under: (i) On 18th October 2012, the Petitioner raised an Invoice No. 35 on the Respondent for a sum of USD 78,101.85 for supply of 18,555.450 Kg of goods. (ii) The Petitioner raised Proforma Invoice (No. AP/A004/2012-23) on 20th December 2012, for a sum of USD 87,000.50 on the Respondent for additional supplies of goods. It is pertinent to note that the goods under the Proforma Invoice were never dispatched by the Petitioner to the Respondent. (iii) On 21st January, 2013, material sent under Invoice No.35 was received by the Respondent in Zimbabwe (“First Shipment”). (iv) The Petitioner raised Invoice No.53 on 1st February 2013 for the