Bombay High Court
Chitali Botting Limited vs Brihan Karan Sugar Syndicate Private ... on 19 October, 2022
Author: Gauri Godse
Bench: G.S. Patel, Gauri Godse
901-OSIAL-19140-2022-IN-COMAPL-19047-2022.DOC
Digitally signed by IRESH
IRESH SIDDHARAM SIDDHARAM MASHAL
MASHAL Date: 2022.10.20 15:54:10
+0530
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL APPELLATE DIVISION
INTERIM APPLICATION (L) NO. 19140 OF 2022
IN
COMMERCIAL APPEAL (L) NO. 19047 OF 2022
IN
INTERIM APPLICATION NO. 897 OF 2020
IN
COMMERCIAL IP SUIT NO. 309 OF 2020
Chitali Botting Ltd ...Applicant/
Appellant
Versus
Brihan Karan Sugar Syndicate Pvt Ltd ...Respondent
Dr Abhinav Chandrachud, with Bernardo Reis, Pavan Patil, i/b
Pavan S Patil for the Applicant/Appellant.
Mr Himanshu Kane, with Nikhil Sharma, Ajaraj Bagwe, Sumana
Roychowdhury, i/b WS Kane & Co for the Respondent.
Mr SK Dhekale, Court Receiver, present.
CORAM G.S. Patel &
Gauri Godse, JJ.
DATED: 19th October 2022
PC:-
Page 1 of 2
19th October 2022
901-OSIAL-19140-2022-IN-COMAPL-19047-2022.DOC
1. The Commercial Appeal itself has received several orders since 30th June 2022. Parties have been negotiating a settlement. For that purpose, there is a valuation exercise that is even now under way. Both sides request that the Court may consider referring the disputes to mediation to facilitate a quick solution to the entire controversy. They have agreed on the name of Mr Justice SJ Kathawalla, former Judge of this court, as the Mediator. They agree that this will be a non-binding mediation as contemplated by the applicable provisions of the Arbitration and Conciliation Act, 1996. Since this is the agreement between the parties, we obviously leave it to Mr Justice SJ Kathawalla to indicate to both sides the fees that will be payable for his services as a mediator. This order is of course subject to Mr Justice SJ Kathawalla accepting the appointment as a Mediator.
2. The Commercial Appeal and Interim Application are presently adjourned sine die with liberty to both sides to apply.
(Gauri Godse, J) (G. S. Patel, J)
Page 2 of 2
19th October 2022