Bombay High Court
Tema India Ltd vs Seok-Am Tech Co.Ltd (Also Known As ... on 12 June, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
37.CARBP.342.20 wt..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMM. ARBITRATION PETITION NO. 342 OF 2020
WITH
INTERIM APPLICATION NO. 1208 OF 2020
Tema India Ltd. ... Petitioner/Applicant
Versus
Seok-Am Tech Co. Ltd. ... Respondent
Mr. Darius Khambata, Senior Advocate a/w Mr. Y.P. Dandiwala, Ms. K.R.
Davierwala, Mr. Yazdi P. Jijina i/b Mulla & Mulla & CBC for the Petitioner.
Mr. Firoz Bharucha a/w Mr. Ziyad Madon, Mr. M.A. Kamdar and Mr.
Karshil Shah i/b Kanga & Company for the Respondent.
CORAM : R.I. CHAGLA, J.
DATED : 12th JUNE, 2023.
ORDER :
1 By the order dated 06.01.2023 this Court had considered the submission of Mr. Khambata, learned Senior Counsel for the Petitioner/Applicant that there was one specific ground of challenge raised in the present Petition, pertaining to the aspect of limitation. The finding of the arbitral tribunal was rendered in the impugned award which was submitted to be unsustainable on a proper interpretation of the relevant provisions of law. This has been recorded in paragraph 2 of the said order.
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37.CARBP.342.20 wt..doc 2 Mr. Bharucha for the Respondent had submitted that there was no merit in the contention raised on behalf of the Petitioner. Accordingly, considering the rival contention raised on behalf of parties, this Court noted that since it appears that the only issue of limitation is being seriously contested in the present Petition, it can be heard finally at the stage of admission.
3 The parties were to place on record brief notes of argument and compilation of judgments in support of their respective contentions. 4 This Court had also granted stay of the impugned award subject to the Applicant/Petitioner depositing an amount of Rs.5 crores with the Prothonotary and Senior Master within six weeks from the date of the said order. The Petitioner has complied with this direction and the impugned award is stayed.
5 The Counsel for the parties have requested for extension of time to place on record the brief notes of argument and compilation of documents. Accordingly, the parties shall do so on or before 26.06.2023. 6 The Arbitration Petition shall be listed for hearing on 28.06.2023, at the bottom of the admission board.
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