ARCHANA BHAGWAN JASWANI vs EMPIRE SILK WEAVING INDUSTRIES

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 Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: Tribunal constituted under the bye-laws of Bharat Merchants’ Chamber 2025.09.22 15:07:57 +0530 (“Chamber”). The arbitration commenced in terms of an arbitration clause contained in invoices raised by Empire on Archana, in relation to goods supplied to Archana. Page 1 of 9 SEPTEMBER 8, 2025 Aarti Palkar 10.ARBP.147.2017 - Archana vs. Empire.doc 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, Archana would submit that with the intervention of an intermediary who was acquainted with both sides, an amount of Rs.35 Lakhs had been paid in full and final settlement of the disputes