Samruddhi Industries Ltd Through Its Authorised Signatory Mr Ramakant Narayan Malu v. Kotak Mahindra Bank Limited

906.ARBAP.35.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.21879 OF 2024 Samruddhi Industries Limited

...Petitioner

Versus

Kotak Mahindra Bank Limited

...Respondent

Mr. Rahul Totala, a/w. Mr. Mitesh Jain i/b. Swapnil Lohiya, Advocates for Petitioner (through VC).

Mr. Nikhil Sakhardande a/w. Paras Parekh, Abhineet Sharma & Kandarp Trivedi i/b. RHP Partners, Advocates for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 11, 2025 PC :

1.

Reply affidavit filed by the Learned Counsel for the Respondent is taken on record.

2.

Having hearing Learned Counsel for the parties for sometime, it would be appropriate to examine the record underlying the decision rendered by a Learned Single Judge of this Court in Mantras Green Resources Ltd. & Ors. Vs. Canara Bank1.

1 2023 SCC Online Bom 592 by AARTI GAJANAN PALKAR Date:

2025.03.15 11:25:33 +0530 AARTI GAJANAN PALKAR MARCH 11, 2025 Aarti Palkar

906.ARBAP.35.2025.doc 3.

Learned Counsel for the parties submit that they will apply for the certified copied of the underlying record and examine the nature of the arbitration clause in those proceedings. Registry is directed to provide a copy of the proceedings underlying the judgement rendered in 2023 SCC Online Bom 592, to both parties and to this Court to enable the Court to examine the arbitration clause that applied in that matter, when the Learned Single Judge rendered the aforesaid judgment.

4.

In these circumstances, stand over to April 1, 2025. 5.

Liberty to file the rejoinder in the Registry. 6.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] MARCH 11, 2025 Aarti Palkar