International Shipping And ... vs Pec Ltd
2021 Latest Caselaw 5592 Bom

                                                                  1.carbp.4.2016.odt

dik
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  Dhanappa     ORDINARY ORIGINAL CIVIL JURISDICTION
  I. Koshti
                    IN ITS COMMERCIAL DIVISION
  Digitally signed by
  Dhanappa I. Koshti
  Date: 2021.03.25
  11:48:55 +0530
                            COM. ARBITRATION PETITION NO. 4 OF 2016

                  International Shipping and Logistics FZE     ... Petitioner
                       Vs
                  PEC Ltd.                                     ... Respondent


                  Ms Naira Jejeebhoy a/w Ms. Tripti Sharma i/b Bose & Mitra & Co.
                  for the Petitioner.
                  Ms Salonee Kulkarni i/b Shardul Amarchand Mangaldas & Co. for
                  the Respondent.

                                        CORAM : B. P. COLABAWALLA, J.

DATE : 24th MARCH, 2021

P.C. :

1 This matter has been moved in my chamber today,

bringing to the notice of this Court that after the judgment was

reserved, the Supreme Court had passed two leading decisions on

the scope of Section 48 of the Arbitration and Conciliation Act, 1996

and I have to take into consideration these two judgments as well

whilst passing my judgment.

2 This matter was argued for several days and thereafter

the arguments were concluded on 25th January, 2019 and the

1.carbp.4.2016.odt

judgment was reserved. Leave was granted to the respondent to fle

a short-note in reply to the submissions that were tendered in

rejoinder by the learned senior counsel appearing on behalf of the

petitioner. Leave was also granted to the petitioner to fle the

affdavit of the English Solicitor, producing and certifying the copy of

the 15th March, 2012 Bill of Lading as was produced by the petitioner

and the respondent before the English Arbitral Tribunal.

3 Thereafter, on 18th February, 2019 the respondent

sought to tender an affdavit of one Mr. Chirag Karia, QC, in response

to the affdavit fled by Mr. David Morriss certifying the 15 th March,

2012 Bill of Lading. This was opposed by the petitioner. This Court

recorded that for the frst time this affdavit seeks to bring in, what

would be the alleged position under the English Law for certifying a

document. This Court, therefore, opined that this cannot be

permitted at this stage once the arguments have already been

concluded.

4 As recorded by the earlier order, the matter was fnally

argued on 25th January, 2019 and thereafter a limited hearing was

on 18th February, 2019. Due to exigencies of work as well as certain

1.carbp.4.2016.odt

personal diffculties, I have been unable to pass the judgment in the

above matter. Considering that the judgment has been reserved for

so long, it would only be fair to both the parties if the matter is heard

afresh.

5 The learned counsel for both the parties had brought to

my attention that detailed written submissions have already been

fled and the matter, therefore, would not take much time when it

will be argued afresh.

6 Considering these facts, list the above matter

peremptorily for hearing on 17th April, 2021.

7 This order shall be digitally signed by the Private

Secretory /Personal Assistant of this Court. All concerned shall act

on production by fax or e-mail of a digitally signed copy of this order.

(B. P. COLABAWALLA, J. )