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Bombay High CourtCHS/409/2018disposed off

Rashtriya Chemicals And Fertilizers Ltd. v. Sanmit International Fze E-L. O.B. No. E-23g-24

2019-09-05Hon'Ble Shri Justice S.C. Gupte2 pages

sat chs 409-2018 & ms 2463-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 409 OF 2018 IN ARBITRATION PETITION NO. 264 OF 2018 Rashtriya Chemicals and Fertilizers Ltd.

...Petitioner/Applicant

vs.

Sanmit International FZE

...Respondent

AND NOTICE OF MOTION NO. 2463 OF 2018 IN ARBITRATION PETITION (L) NO. 651 OF 2018 M/s.Tradient International FZE (Formerly Sanmit International FZE)

...Petitioner/Applicant

vs.

Rashtriya Chemicals and Fertilizers Ltd.

...Respondent

Mr.Rushab Sheth I/b. M.S. Bodhanwalla and Co. for Petitioner in ARBP 264/2018 and for Respondent in ARBPL 651/2018 and for Applicant in CHS 409/2018.

Mr.Vishal Pattabiraman I/b. RVJ Associates for Respondent in ARBP 264/2018 and for Petitioner in ARBPL 651/2018 and for the Applicant in NMS 2463/2018.

CORAM : S.C. GUPTE, J.

DATE : 5 SEPTEMBER 2019 P.C. :

This chamber summons has been taken out by the original Petitioner in an arbitration petition for amending the prayer of the arbitration petition as well as grounds of challenge stated therein. For the reasons stated in the chamber summons, the chamber summons is made absolute in terms of prayer clause (a). Amendment to be carried out within two weeks. It is made clear that all rights and contentions of the parties on 1 / 2

sat chs 409-2018 & ms 2463-2018.doc merits of the amendment are kept open.

Notice of Motion No.2463/2018 has been taken out by the Petitioner in a companion arbitration petition, namely, Arbitration Petition (Lodging) No.651/2018. The notice of motion seeks condonation of delay of 24 days in filing the arbitration petition. For the reasons stated in the affidavit in support of the notice of motion, the notice of motion is made absolute in terms of prayer clause (a). The office shall now register the arbitration petition.

Both the arbitration petitions to come up for admission on 18 September 2019.

Both the Petitioners are permitted to file their respective compilations, if any, before the next date and serve a copy on the other side.

(S.C. GUPTE, J.) 2 / 2