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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ADVAIT M.SETHNA
Seok-Am-Tech Co. Ltd. (SATCO) – Appellant
Versus
Tema India Private Ltd. – Respondent
Judgment :
G.S. Kulkarni, J.
1. The judgment has been divided into the following sections to facilitate analysis:-
| SECTIONS | HEADING | PARA NOS. |
| A | Prelude | 2 to 3 |
| B | Facts | 4 to 35 |
| C | Submissions on behalf of the Appellant | 36 |
| D | Submissions on behalf of the Respondents. | 37 to 40 |
| E | Analysis and Conclusion | 41 to 89 |
A. Prelude :
2. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short “ACA”) is directed against the judgment and order dated 10 April, 2024 rendered by the learned Single Judge of this Court in Commercial Arbitration Petition No. 342 of 2020. By the impugned order, the respondent’s petition filed under Section 34 of the ACA assailing the arbitral award dated 18 October, 2019 stands allowed, whereby the arbitral award stands quashed and set aside.
3. The only issue which was urged before the learned Single Judge in the Section 34 proceedings was on limitation, i.e.; whether the appellant’s -Seok-Am-Tech Co. Ltd. (for short “Seok”) claim in the arbitral proceedings against the respondent – Tema India Private Ltd. (for short, “Tema”) in the facts and circumstances of the case, was barred by limitation. The scope of this appeal is thus confined to such determination, with
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