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Bombay High CourtCARBP/277/2017disposed off

Sunrise Naturals Pvt. Ltd. v. Jeevan Fruit Processing India Pvt. Ltd.

2017-05-08Hon'Ble Shri Justice G.S. Patel2 pages

907-CARBPL155-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION (L) NO. 155 OF 2017 WITH NOTICE OF MOTION (L) NO. 188 OF 2017 Sunrise Naturals Pvt Ltd

...Petitioners

Versus

Jeevan Fruit Processing India Pvt Ltd

...Respondents

Mr Yuvraj Choksy, i/b Veritas Legal, for the Petitioners. Mr H Jariwala, i/b M/s.

Thakore Jariwala & Associates, for the Respondents.

CORAM: G.S. PATEL, J DATED:

8th May 2017 PC:- 1.

The statement of disclosure of Mr Mikhail Behl has been obtained. It is taken on record and marked "X" for identification with today's date. The disputes between the parties are referred to his sole arbitration.

2.

Both sides are at liberty to make an application for interim reliefs before Mr Behl. He is requested to endeavour to dispose 8th May 2017

907-CARBPL155-17.DOC these applications at the earliest and preferably within four months of the application being filed.

3.

All rights and contentions are left open.

4.

The Petitioners agree to deliver to the Respondents within two weeks from today the necessary "C" forms and "H" forms for the goods lifted and also the past "C" forms and "H" forms. It is clarified that the "C" forms for the year 2015-2016 will be handed over within two weeks from today and those for the goods presently lifted will be handed over within three months from today. Liberty to the parties to apply for an extension.

5.

The Prothonotary & Senior Master is directed to release to the Respondents the amount of Rs. 13,83,721/-. 6.

The Arbitration Petition and the Notice of Motion are disposed of in these terms with no order as to costs. 7.

The last word "Petitioners" in paragraph 2 of the order dated 4th May 2017 shall be corrected to read as "Respondents".

(G. S. PATEL, J.) 8th May 2017