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2018 Supreme(Bom) 2492

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Katra Holdings Ltd – Appellant
Versus
Corsair Investments Ltd A Delaware Ltd – Respondent


Advocates Appeared:
Rafique Dada, Adv., Ashish Kamat, Adv., Prateek Pai, Adv., Viraj Parikh, Adv., Amanjhol Anand, Adv., Aspi Chinoy, Adv., Ankita Singhania, Adv., Yuvraj Choksi, Adv., Shital Turukhia, Adv., Tushad Cooper, Adv., Parikshit Desai, Adv., Vikramsinh Yadav, Adv., M.S. Krishnan, Adv., Krishna Prasad R, Adv., Balasaheb Yewale, Adv., Chandrakant Mhadeshwar, Adv., Janak Dwarkadas, Adv., Abjijeet Desai, Adv.

JUDGMENT

B.P. Colabawalla, J. - Admit. The paper book is dispensed with. By consent of parties, the appeal is made returnable forthwith and heard finally.

2. By this appeal, the appellant challenges the Judgment and Order dated 15th September, 2017 (for short, the "impugned order") passed by the learned Single Judge (Hon''ble Mr. Justice K. R. Shriram) in an Arbitration Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act"). The Petition came to be filed before the learned Single Judge, challenging the award dated 11th September, 2015 by which the appellant''s claim against the respondents was dismissed by the Arbitral Tribunal. The Arbitration Petition was dismissed by the learned Single Judge only on a preliminary objection raised by the respondents challenging the jurisdiction of this Court. To put it in a nutshell, the jurisdiction of the Court was challenged on the ground that the award being a foreign award and the juridical seat of arbitration being outside India as well as the law governing the arbitration agreement being Foreign Law, Part-I of the Act was impliedly excluded, and therefore, the award could not be challenged under

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