SANGHI INDUSTRIES LIMITED Vs. RAVIN CABLES LTD

JUDGEMENT

(1.) By preferring the present Appeal under Sec. 37 of the Arbitration and Conciliation Act , 1996 read with Sec. 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, read with Sec. 96 of the Code of Civil Procedure, 1908, the appellant seeks to call in question order dtd. 13/10/2021 passed by the Commercial Court, Bhuj-Kutch, partially allowing application of respondent herein, under Sec. 9 of the Arbitration and Conciliation Act , 1996.

(2.) Before hearing of this First Appeal, the parties filed the relevant pleadings and documents on record, about the contents of which they were ad idem. In that light and in view of learned advocates for both the sides stating that the pleadings were complete and no further pleadings were to be added or supplemented, and that they argued the appeal finally, with consent and request of the parties, the appeal was accordingly heard finally.

(3.) Shorn off unnecessary details, the relevant facts involved in the dispute are inter alia that respondent herein is a company engaged in manufacturing of domestic power cables. The appellant company awarded the contract through the tender process to the respondent. The contract work was in the nature of providing complete design, engineering, manufacturing, testing, supply, supervision of erection and commissioning of power cables approximately 478 km. long in the project.