M/S Y2k Fashions Pvt. Ltd. v. M/S Culture Clothing

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.929 OF 2015 M/s.Y2K Fashions Pvt. Ltd.

...Petitioner

V/s.

M/s.Culture Clothing

...Respondent

Mr.Udayan Jain with Mr.Santosh S. and Ms.Jayshree Tripathi for the Petitioner.

Mr.Ankur Shah with Mr.Rohan Agarwal and Ms.T. Shah i/b TJS Legal for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 28TH SEPTEMBER, 2015.

P.C. :- 1.

By consent of parties, the following order is passed :- i).

The impugned award dated 13th January, 2015 passed by the arbitral tribunal is set aside.

ii).

By consent of parties, the matter is remanded to the arbitral tribunal for adjudication de-novo and in accordance with law. iii).

The arbitral tribunal is directed to make a fresh award after giving an opportunity to both parties to file the documents and also to lead oral evidence, if prayed by parties and shall render reasons in the impugned award. It is made clear that the arbitral tribunal shall not be influenced by the findings and conclusions drawn by the arbitral 1/3

tribunal in the impugned award dated 13th January, 2015. iv).

Both parties have agreed to co-operate with each other and with the arbitral tribunal in expeditious disposal of the arbitral proceedings.

2.

The arbitration petition is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/3

"Certified to be true and correct copy of original signed order." 3/3