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D. Y. CHANDRACHUD, J. B. PARDIWALA
HPCL Bio-Fuels Ltd. – Appellant
Versus
Shahaji Bhanudas Bhad – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
1. For the convenience of exposition, this judgment is divided into the following parts:
| (A) | FACTUAL MATRIX |
| (I) PROCEEDINGS UNDER THE IBC | |
| (II) PROCEEDINGS BEFORE THE HIGH COURT | |
| (B) | SUBMISSIONS ON BEHALF OF THE APPELLANT |
| (C) | SUBMISSIONS ON BEHALF OF THE RESPONDENT |
| (D) | ISSUES FOR DETERMINATION |
| (E) | ANALYSIS |
| (I) ISSUE NO. 1 | |
| (a) Scope and applicability of Order 23 Rule 1 of the CPC to proceedings other than suits | |
| (II) ISSUE NO. 2 | |
| (a) Application under Section 11(6) of the Act, 1996 is not for the same relief as an application under Section 9 of the IBC | |
| (III) ISSUE NO. 3 | |
| (F) | CONCLUSION |
1. Leave granted.
2. This appeal arises from the final judgment and order dated 31.01.2024 (“impugned order”) passed by the High Court of Judicature at Bombay in Commercial Arbitration Petition No. 1 of 2023, wherein the High Court allowed the petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Act, 1996”) at the instance of the M/s Shahaji Bhanudas Bhad (“the respondent”) and appointed Justice (Retd.) Dilip Bhosale as the sole arbitrator to adj
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