JALARAM FABRICS vs NISARG TEXTILES PVT. LTD.

Judgment text excerpt

Neeta Sawant ARBP 267 OF 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATON PETITION NO. 267 OF 2024 WITH INTERIM APPLICATION (L) NO. 35308 OF 2022 Jalaram Fabrics …..PETITIONER : VERSUS : Nisarg Textiles Pvt. Ltd. ….RESPONDENT Mr. Shubhro Dey with Mr. Apoorv Srivastava and Mr. Tanvir Kazi for the Petitioner. Mr. Dhruva Gandhi with Mr. Lalit V. Jain and Ms. Gayatri Devendra for the Respondent. CORAM : SANDEEP V. MARNE, J. JUDGMENT RESD. ON : 22 DECEMBER 2025. JUDGMENT PRON. ON : 8 JANUARY 2026. JUDGMENT : 1) By this Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), the Petitioner has challenged the Award dated 21 July 2022 passed by the three Member Arbitral Tribunal of Bharat Merchants’ Chamber. By the _____________________________________________________________________________ PAGE NO. 1 of 40 8 JANUARY 2026 Neeta Sawant ARBP 267 OF 2024 impugned Award, the Arbitral Tribunal has directed the Petitioner to pay to the Respondent sum of Rs.11,44,850/- together with interest @ 18% p.a. on the principal amount of Rs.6,37,146/- till the date of the Award, totalling Rs.17,81,996/-. The Arbitral Tribunal has also granted post award interest @ 18% p.a. and costs of arbitration in favour of the Respondent. 2) Petitioner-Jalaram Fabrics is a proprietary concern engaged in the business of dealing with garments. Respondent is a private limited company registered under the Companies Act, 1956 and carries on business, inter alia of manufacture of fabrics including shirtings. Petitioner placed orders with the Respondent for supply of fabrics. Respondent supplied the goods to the Petitioner from time to time and various invoices were raised by the Respondent on the Petitioner. According to the