AAKASH PACKAGING vs ARENEL (PRIVATE) LIMITED

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 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/A0