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2012 Supreme(Bom) 1323

B.R.GAVAI
United Spirits Limited – Appellant
Versus
Delta Distilleries Limited – Respondent


Advocates appeared:
For the Petitioner:Shiraz Rustomjee i/by Desai & Chinoy, Advocates.
For the Respondents:R1, Zal Andhyarujina i/by V.S. Tambat, Advocates, R2, Ms. Geeta Shastri, AGP.

Judgment :

1. An important question as to whether this Court can exercise its powers under Section 27 of the Arbitration and Conciliation Act, 1996 for implementation of the Orders passed by the learned Arbitrators, which are not being complied with by the parties, arises for consideration before this Court.

2. The facts in brief necessary for adjudication of the present Petition are as under:

i. It appears that there was an agreement between the Petitioner and the Respondent No.1 for bottling the product of the Plaintiff. However, there arose a dispute between the parties i.e. the Plaintiff and Defendant No.1 and, as per the agreement between the parties the dispute was referred to the Arbitration. The arbitration proceedings commenced in the year 2002. There has been a change of the Arbitrators for some reasons, with respect to which there are allegations and counter allegations. However, for the purpose of adjudication of the present matter, the reference to those allegations would not be necessary and, therefore, I do not think it is necessary to go into them.

ii. During the pendency of the proceedings, the Applicant/ Petitioner had made an Application before the learned Arbitra









































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