Bombay High Court
Echjay Industries Pvt Ltd vs Indus Powertech Inc on 30 June, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
(30)CARBPL-16800-2023-efiee.oc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION(L)NO.16800 OF 2023
Echjay Industries Pvt. Ltd. ] .. Petitioner
vs.
Indus Powertech INC ] .. Respondent
Mr.Sharan Jagtiani, Senior Advocate a/w Rishika Harish, Rahul Dwarkadas, Areez Gazdar, Shireen Mistri i/b Veritas Legal for the Petitioner.
Mr.S.U. Kamdar, Senior Advocate, a/w Vyom Shah, Yogesh Handoo, Virendra Paria, Jimish Shah, Anand Iyer i/b Divya Shah Associates for the Respondent.
CORAM : BHARATI DANGRE, J DATE : 30th June, 2023.
P.C. 1] Mr.Kamdar, Senior Advocate for the Respondent has placed on record exchange of communication between the parties and he would submit that there is failure on the part of supplier to adhere to the required quantities as are indicated in the purchase order.
2] In contrast, the specific statement is made in the Petition in Para 44 to the effect that, even after issuance of termination notice i.e. from 01.02.2023 to 31.05.2023, the Petitioner has supplied the goods worth quantum of approximately 11 million parts, having an aggregate value of USD 12.83 Million.
1/2 ::: Uploaded on - 03/07/2023 ::: Downloaded on - 04/07/2023 05:06:37 :::(30)CARBPL-16800-2023-efiee.oc 3] Let the learned counsel for the Petitioner, place on record a chart reflecting this quantity as indicated in distinct purchase orders.
The respondent is also at liberty to place on record its Affidavit. List on 06.07.2023.
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