SKYLARK FEEDS PRIVATE LIMITED vs National Commodities Management Services Limited

Judgment text excerpt

51.ARBP.19.2026 - Final.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.19 OF 2026 Skylark Feeds Private Limited ….Petitioner Versus National Commodities Management Services Limited ….Respondent Mr. Karl Shroff a/w. Nishit tanna, Smit Shah, Shahshipratap Singh & Heena Lambate, for Petitioner. Mr. Sumit Rai a/w. Mihir Mody & Akshay Gupte i/b. M/s K. Ashar & Co., for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 29, 2026 ORAL JUDGEMENT: Context and Factual Background: 1. This is a Petition under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an Order dated August 13, 2025, by which an interim arrangement has been put in place by a Learned Arbitral Tribunal under Section 17 of the Act. 2. The Petitioner, Skylark Feeds Private Limited (“Skylark”) is a customer of warehousing and commodity management services provided by the Respondent, National Commodities Management Digitally signed by Services Limited (“National”). The disputes and differences between AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: 2026.02.05 Page 1 of 16 18:05:52 +0530 JANUARY 29, 2026 Aarti Palkar 51.ARBP.19.2026 - Final.doc the parties relate to the payment of fees for the services provided by National to Skylark in connection with storage and management of Skylark’s commodities in the godowns of National. 3. The Learned Arbitral Tribunal has permitted Skylark to remove 753.419 metric tonnes of maize lying in the godowns in Bihar, subject to Skylark furnishing an unconditional bank guarantee in favour of National in the sum of Rs.2.63 crores being the principal amount due and payable under the invoices raised by National on Skylark. Such unconditional bank guarantee has been directed to be kept al