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2017 Supreme(Bom) 119

N.M.JAMDAR
Zee Sports Limited now known as Zee Digital Convergence Ltd. – Appellant
Versus
Nimbus Media Pte. Ltd. – Respondent


Advocates Appeared:
For the Applicant : Dr. Birendra Saraf a/w. Mr. Rohan Savant, Monisha Bhangale and Warisha Parkar i/b. ALMT Legal.
For the Respondent: Mr. Sanjay Jain a/w. Mr. Hemant Prabhulkar, Ms. Yogesh Bhoge, Ms. Smita Bhosale i/b. Jurisperitus Mumbai.

JUDGMENT :

By this Chamber Summons, the Petitioner has sought an amendment to the Arbitration Petition to incorporate a ground to challenge the Award dated 3 August 2015 rendered by the learned Arbitrator.

2. On 17 January 2005, parties entered in the Heads of Agreement in respect of incorporating a joint venture company. Thereafter, various further agreements were entered into. Dispute arose between the parties regarding payment. Since the parties did not agree on the appointment of the arbitrator, an Application No. 42 of 2010 was moved by the Respondent under Section 11 of the Arbitration and Conciliation Act, 1996. The Application was taken up for consideration by the learned Judge designate. The learned Judge noted the existence of arbitration clause. A contention was raised by the Respondent – Applicant herein regarding the claim being barred by law of limitation. The learned Judge looked into the correspondence between the parties and prima-facie observed that the claim was within period of limitation and disposed of the application by order dated 24 January 2011 appointing a learned retired Judge of this Court as a sole arbitrator. Thereafter, a statement of claim was filed b











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