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2017 Supreme(Bom) 447

S.C.DHARMADHIKARI, B.P.COLABAWALLA
In the matter between Zee Sports Ltd. – Appellant
Versus
Nimbus Media Pte. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr Birendra Saraf a/w Mr Rohan Sawant, Ms Monisha Mane Bhangale and W. Parkar i/b M/s ALMT Legal
For the Respondent: Mr Sanjay Jain a/w Ms Achal Singh and Mr Hemant Prabhulkar, Ms Smita Bhosle, Mr Aditya Ajklekar i/b M/s Jurispritus

JUDGMENT :

B. P. COLABAWALLA J

1. This Commercial Appeal, filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“said Act”), takes exception to two orders passed by the learned Single Judge on 31st January, 2017 and 7th February, 2017 respectively. The order dated 31st January, 2017 was passed in Chamber Summons (ST) No. 114 of 2017 in Arbitration Petition No.1698 of 2017. This Chamber Summons sought an amendment to the Arbitration Petition to incorporate the ground of challenge to the award dated 3rd August, 2015 rendered by the Learned Arbitrator mainly on the ground that the award passed by the Arbitrator was a nullity. The gist of this amendment was that since the Respondent being a company incorporated in Singapore, the proceedings were an International Commercial Arbitration [as defined under Section 2(f) of the Act], and therefore, any application under Section 11 of the Act, for appointment of an Arbitrator, was required to be made to Hon'ble the Chief Justice of India or His designate. Since the appointment was made by a learned Judge designated by Hon'ble the Chief Justice of this Court, the order appointing learned Arbitrator was without jurisdiction and co











































































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