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2025 Supreme(Bom) 1963

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Sanjeev Malhotra – Appellant
Versus
SBI Global Factors Ltd. – Respondent


Advocates Appeared:
For The Petitioner:Mr. Haresh Jagtiani, Senior Advocate with Mr. V.N. Shingnapurkar, Mr. Harshad Shingnapurkar, Mr. Pushpvijay Kanoji, Mr. Pranay Kamdar, Mr. Ritwik Kulkarni and Mr. Dhananjay Nagarkar.
For the Respondents: Mr. Cherag Balsara with Mr. Ashish Mehta and Ms. Jovita Pareira i/b. Mr. Raj Kakde, Mr. Mahesh Ayar.

JUDGMENT :

SANDEEP V. MARNE, J.

1) The Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking invalidation of the Arbitral Award dated 4 April 2024 passed by the learned sole Arbitrator. By the impugned Award, the Arbitral Tribunal has allowed the claims of Respondent No.1 in the sum of Rs.28,16,51,442.87/- in respect of domestic factoring facility alongwith interest @ 18% p.a. w.e.f. 1 April 2011. The Arbitral Tribunal has further directed Petitioner and Respondent No.2 to jointly and severally pay to Respondent No.1 amount of Rs.15,29,35,047.19/- towards reverse factoring facility alongwith interest @ 18% p.a. w.e.f. 1 April 2011. Petitioner and Respondent No.2 are further ordered and directed to specifically perform the obligations in sanction letter dated 21 June 2007. The Arbitral Tribunal has also awarded costs of arbitration in favour of Respondent No.1.

FACTS

2) Petitioner was a Director and shareholder of Respondent No.2-Company- M/s. Rayalseema Commodities Ltd., which is currently under liquidation and which used to carry on business inter alia of export, purchase, sale, distribution, stocking, dealing with, and importing

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