Ruia And Ruia Pvt. Ltd vs Jsw Jaigarh Port Limited
2021 Latest Caselaw 2516 Bom

                                                                           11-RPL-181-2021.DOCX




                      Arun



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                         IN ITS COMMERCIAL DIVISION
                                      REVIEW PETITION (L) NO. 181 OF 2021
                                                           IN
                          COMM ARBITRATION APPLICATION (L) NO. 157 OF 2020


                          Ruia & Ruia Pvt Ltd                                       ...Petitioner
                                Versus
                          JSW Jaigarh Port Limited                              ...Respondent


                          Mr Erach Kotwal, with Ragini Singh, i/b Ragini Singh & Associates,
                               for the Petitioner.
                          Mr Sharan Jagtiani, Senior Advocate, i/b SSB Legal & Advisory,
                               for the Respondent.


                                                CORAM:          G.S. PATEL, J.

                                                DATED:          8th February 2021
ARUN                      PC:-
RAMCHANDRA
SANKPAL

Digitally signed by
ARUN

RAMCHANDRA 1. In view of the decision of the Supreme Court in NN Global SANKPAL Date: 2021.02.09 11:15:57 +0530 Mercantile Private Limited v Indo Unique Flame Ltd & Ors,1 the present matter will have to be referred to arbitration, keeping open all questions including as to sufficiency of stamp.

1 Decision dated 11th January 2021 in Civil Appeal Nos. 3802-

3803 of 2020.

8th February 2021 11-RPL-181-2021.DOCX

2. Mr Kotwal for the Review Petitioners has filed an Affidavit in Rejoinder affirmed on 6th February 2021. In this, the Review Petitioner accepts the position in law (based on NN Global).

3. This matter has already been referred to the sole arbitration of Mr Zarir Bharucha, learned Advocate of this Court, by an order dated 14th December 2020. That order and reference to arbitration stand and will continue. However, in view of the change in law, it is open to the Review Petitioner to raise the question of sufficiency of stamp before the learned Sole Arbitrator. The Supreme Court judgment makes it clear that if the document is required to be impounded, this is within the remit of the learned Sole Arbitrator and he can send it for adjudication to the Collector of Stamps.

4. Any question that may arise -- whether before the learned Sole Arbitrator or the Collector of Stamps -- as to the stamp duty that is properly chargeable on the instrument will be decided on its merits in accordance with law uninfluenced by any submissions that may have been made in these Court proceedings.

5. It goes without saying that if the document is in fact impounded and sent for adjudication, the time consumed in that adjudication process will have to be excluded from the time available for completing of the arbitration.

6. Mr Kotwal states that there is a similar matter that is yet to be listed and is yet to receive an order of reference. Assuming that the reference is made to the same Arbitrator, there is no doubt that there

8th February 2021 11-RPL-181-2021.DOCX

will have to be two separate references resulting in two separate Awards. However, it is for the learned Sole Arbitrator to decide all matters of procedure including whether the two matters should be taken up together or sequentially. I have expressed no opinion on this aspect of the matter.

7. List the Arbitration Application (L) No. 6659 of 2020 on 11th February 2021.

8. The Review Petition is disposed of in these terms.

9. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J)

8th February 2021