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2022 Supreme(Bom) 389

R.D.DHANUKA, R.N.LADDHA
Anmol Steel Processors Private Limited – Appellant
Versus
Colour Roof (India) Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. J.P. Sen, Mr. Kezer Kharawala, Mr. Pradosh Patil.
For the Respondents: Mr. Chetan Kapadia, Mr. Rohan Agrawal, Ms. Sakina Ruhawala, M/s. Consulta Juris.

JUDGMENT :

R.D. DHANUKA, J.

1. The appellant has filed this Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugning the judgment dated 5th September, 2019 passed by the learned Single Judge, dismissing the Commercial Arbitration Petition No. 987 of 2018 impugning the Arbitral Award dated 9th June, 2018 passed by the learned arbitrator.

2. The appellant was the original claimant in the arbitral proceedings and the original petitioner in commercial arbitration petition whereas the respondent herein was the original respondent in the arbitral proceeding and also respondent in the commercial arbitration petition. For the sake of convenience, the parties are described as per their original status in the statement of claim before the learned arbitrator.

Some of the relevant facts for the purpose of deciding this appeal are as under:

3. It is the case of the claimant that on 30th October, 2020 offer was sent to the respondent for supply of steel material by the claimant. The claimant accordingly supplied the steel material to the respondent as per various purchase o

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