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september 2025

Bombay High Court · 2025-09-08

ARCHANA BHAGWAN JASWANI vs EMPIRE SILK WEAVING INDUSTRIES

Citation / case number
ARBP/147/2017
Court
Bombay High Court
Petitioner
ARCHANA BHAGWAN JASWANI
Respondent
EMPIRE SILK WEAVING INDUSTRIES
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Judgment text excerpt

10.ARBP.147.2017 - Archana vs. Empire.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.147 OF 2017 Archana Bhagwan Jaswani ….Petitioner Versus Empire Silk Weaving Industries ...Respondent Mr. Shoaib I. Memon, Advocate for Petitioner. Mr. Jashue D’souza, Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : SEPTEMBER 8, 2025 ORAL JUDGMENT : 1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking to impugn an Award dated October 15, 2016 (“Impugned Award”) passed by the Learned Arbitral Tribunal, awarding a total sum of ~Rs.27.60 Lakhs said to be payable by the Petitioner, Archana Bhagwan Jaswani (“Archana”) to the Respondent, Empire Silk Weaving Industries (“Empire”). 2. The Impugned Award has been passed by a Learned Arbitral 3. It is Archana’s case that the orders were initially placed on a sister concern of Empire and eventually, the supplies were made by, and payments were made to Empire. The arbitration clause being contained primarily in the invoices raised by Empire, the Arbitral Tribunal is supposedly without jurisdiction in the matter. 4. That apart, A