Tema India Ltd vs Seok-Am Tech Co.Ltd (Also Known As ...
2023 Latest Caselaw 5471 Bom

                                                                              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.

Waghmare                                       1/2




                                                                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.

                                                       (R.I. CHAGLA, J.)
Waghmare                                    2/2