2024:BHC-OS:1697 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION PETITION NO.25 OF 2021 Elster Instromet B.V. .. Petitioner Versus Mrunal Gandhi .. Respondent …

Mr.Vikram Nankani, Senior Advocate with Ashish Rao, Alok Jain, Ria Dalwani, Samartha Saxena and Atharva Diwe i/b Economic Laws Practice for the Petitioner.

Mr.Darius Khambata, Senior Advocate with Aditya Mehta, Karan Rukhana and Bhavya Shah i/b ANP Partners for the Respondent.

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CORAM : BHARATI DANGRE, J.

RESERVED ON : 31^st OCTOBER, 2023 PRONOUNCED ON : 08^th JANUARY, 2024 JUDGMENT:-

1. Commercial Arbitration Petition No.25 of 2021 fled by Elster Instromet B.V. (hereinafter referred to as, “Instromet”) raises a challenge to an order dated 09/10/2020, passed by the Arbitral Tribunal, on an application under Section 17 of the Arbitration and Conciliation Act, 1996 by the Claimant- Mr.Mrunal Gandhi, the Respondent in the present Petition, which restrained the Petitioner- Elster Instromet BV from carrying on business in Gas Flow Meters in India, directly or indirectly or through subsidiaries, except through the Joint Venture Company (“JVC”) formed through t