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Bombay High Court

Chowgule And Company Private Limited vs Fomento Commodities Pte Ltd on 4 December, 2023

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                34-ial-30249-2023.doc

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                            IN ITS COMMERCIAL DIVISION

                   INTERIM APPLICATION (L) NO.30249 OF 2023
                                     IN
                 COM ARBITRATION PETITION (L) NO.29959 OF 2023

       Chowgule and Company Pvt. Ltd.                         ...Applicant /
                                                              Ori. Petitioner

               Versus

       Fomento Commodities PTE Ltd.                           ...Respondent

                                         ----------
       Mr. Sharan Jagtiani, Senior Advocate with Chirag Kamdar, Shalaka
       Patil, Ankit Pathak and Surbhi Shah i/b. Trilegal for the Petitioner.
       Vishal Sheth i/b. Bimal Rajasekhar for the Respondent.
                                         ----------

                                         CORAM : R.I. CHAGLA J

                                         DATE         : 4TH DECEMBER, 2023

       ORDER :

1. Mr. Sharan Jagtiani, the learned Counsel appearing for the Plaintiff states that Commercial Arbitration Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the arbitral award dated 27th July, 2023 read with order dated 8th September,2023 rejecting the application filed under Section 33 of the Arbitration and Conciliation Act, 1996. 1/2 ::: Uploaded on - 06/12/2023 ::: Downloaded on - 06/12/2023 23:07:17 :::

34-ial-30249-2023.doc

2. Mr. Vishal Sheth, learned Counsel for the Respondents states on instructions that there is no execution application till date which has been filed and in the event of filing the execution application, notice of at least one week will be given by the Respondent to the Petitioner. The statement is accepted.

3. The Counsel for the parties have agreed that the Arbitration Petition can be disposed of at the admission stage. Liberty is granted to the Petitioner, in the event the Respondent is moving for execution of the impugned award, to apply to this Court prior to the next date.

4. Arbitration Petition shall be placed on 15th January, 2024 at 2.30 p.m. for hearing at the admission stage.

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