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2018 Supreme(Bom) 722

R.D.DHANUKA
Stemcor (S. E. A. ) Pte Limited – Appellant
Versus
Mideast Integrated Steels Limited – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rohit Kapadia, Senior Advocate, a/w. Mr. Chirag Kamdar, Mr. Mohit Advani, Ms. Pranjal Mehta, i/b. Cyril Amarchand Mangaldas.
For the Respondents:Mr. G.R. Joshi, Senior Advocate, a/w. Mr. Chirag Mody, Ms. Anusha Jacob, Mr. Yash Momaya, i/b. DSK Legal

JUDGMENT :

1. By this petition filed under section 27 of the Arbitration and Conciliation Act, 1996 (for short the Arbitration Act), the petitioners have prayed for issuance of a commission to Singapore to record the evidence of Mr. Gerard Craggs on dates that may be mutually convenient to all the parties and to direct that such recorded evidence be returned to the learned arbitral tribunal comprising Mr. Fredun E. De Vitre. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. The petitioners are the original respondents whereas the respondents are the original claimants in the arbitral proceedings. The petitioner no.1 is incorporated under the Laws of Singapore and is having its registered office at Singapore. The respondent no.1 is incorporated and registered under the Companies Act, 1956 and its registered office is at New Delhi.

3. Sometime in the year 2004, the petitioners and the respondents entered into a number of agreements and the arrangements on the terms and conditions recorded in those agreements. A dispute arose between the parties pursuant to which the respondents initiated the arbitration proceedings against the petitioners.

4. On 14th

















































































































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