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2023 Supreme(Bom) 132

G. S. KULKARNI
Thomas Cook (India) Limited – Appellant
Versus
Red Apple Chandrarat Travel, Thailand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Alpana Ghone with Mr. Cyrus Bharucha, Ms. Sheetal Sabnis, Mr. Rushil Mathur and Mr. Keanan Nagporwala i/b. Kochhar & Co.
For the Respondent: Mr. Santosh Krishnan a/w. Mr. Rahul Totala, Mr. Ashwin Poojari and Rajat Malu

JUDGMENT :

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 [for short ‘the Act’] assails an arbitral Award dated 19th June, 2020, which is a domestic award in an international commercial arbitration, rendered by a Sole Arbitrator.

2. In the arbitral proceedings, the respondent (original claimant) had raised a claim against the petitioner for an amount of USD 2,64,491 along with interest at the rate of 18% per annum from January, 2014 till payment or realization. The respondent also claimed USD 1,00,000 for loss of business, loss of reputation and loss of opportunity.

3. The dispute between the parties had arisen under a contract dated 3 August, 2007 involving services to be provided by the respondent for ‘lodging, sighting and allied facilities in Thailand’, under which the respondent was to take care of the petitioner’s customers, touring Thailand. The arbitral tribunal after hearing the parties on their respective contentions, has passed the following operative award:-

    “(A) The Respondent is directed to make payment of USD 157931.8 to the Claimant

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