Arenel Private Ltd vs Aakash Packaging Through its Managing Partner Mr Bharat Tulsiani

Judgment text excerpt

CARAL-30982-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION APPEAL (L) NO.30982 OF 2025 IN COMM. ARBITRATION PETITION NO.349 OF 2020 WITH INTERIM APPLICATION (L) NO.31125 OF 2025 Arenel (Private) Limited .. Appellant Vs. M/s. Aakash Packaging .. Respondent ... Mr. Rahul Narichania, Senior Advocate a/w Mr. Shrinivas Deshmukh, Mr. Sunilkumar Neelambaran, Mr. Aaron Fernandes i/by Mulla & Mulla & Craigie Blunt & Caroe, Advocates for the Appellant. Mr. Mustafa Doctor, Senior Advocate a/w Mrs. Spenta Kapadia and Mr. Aashdin Chivalwala i/by Wadia Ghandy & Co., Advocates for the Respondent. ... CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J. Reserved on : 8th December 2025 Pronounced on : 9th March 2026 JUDGMENT Per, Shree Chandrashekhar, CJ : The Arenel (Private) Limited which made a claim before the Arbitrator for refund of USD 165,102.10 with interest, costs etc. is aggrieved by the judgment dated 8 th September 2025 rendered in the Commercial Arbitration Petition No.349 of 2020 filed by M/s Aakash Packaging under section 34 of the Arbitration and Conciliation Act, 1996. By this judgment, the Award made on 2nd December 2019 in favor of the claimant-company has been set aside by the learned Single Judge of this Court. The claimant- 1 Panchal CARAL-30982-2025.doc company seeks to challenge the said judgment on the ground that the findings of fact recorded by the Arbitrator are not open to challenge and the materials laid before the Arbitrator cannot be re- appreciated in a petition under section 34 of the Arbitration and Conciliation Act. This is also a specific stand taken by the claimant- company that a post-amendment arbitral Award can be challenged on a very limited ground as indicated in "Ssangyong Engineer