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2023 Supreme(Bom) 187

MANISH PITALE
Bst Textile Mills Pvt. Ltd – Appellant
Versus
Cotton Corporation Of India Ltd – Respondent


Advocates:
Counsel for Appearing Parties
Gaurav Joshi, Advocate, Kazan Shroff, Advocate, Amit Jajoo, Advocate, Darpan Bhatia, Advocate, Siddhant Trivedi, Advocate, Simil Purohit, Advocate, Vikrant Shetty, Advocate, Tanjul Sharma, Advocate, Dhruve Liladha, Advocate

JUDGMENT

Manish Pitale, J. - The principal question that arises for consideration in this petition is as to whether the impugned award passed by the learned arbitrator is liable to be set aside on the ground that disputes arising out of nine contracts were consolidated and single statement of claim filed on behalf of the respondent (original claimant) was entertained and allowed in favour of the respondent. The petitioner claims that the learned arbitrator had no power to consolidate disputes arising out of the nine contracts and in the absence of such power to consolidate, particularly when the petitioner had not consented for such consolidation, the impugned award is vitiated, being opposed to the fundamental policy of Indian Law and therefore, liable to be set aside.

2. The facts in brief leading to filing of the present petition are that the petitioner had entered into nine contracts for purchasing cotton bales from the respondent, which is a Government of India undertaking engaged in the business of sale and purchase of cotton as per the policies and directions of Government of India. In the present case, nine contracts executed between the parties pertained to supply of cotton

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