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2020 Supreme(Cal) 545

SHEKHAR B SARAF
Balasore Alloys Limited – Appellant
Versus
Medima Llc – Respondent


Advocates Appeared:
Dhruba Ghosh, Advocate, Rishad Medora, Advocate, Meghajit Mukherjee, Advocate, Anusha Nagarajan, Advocate, Shivangi Thard, Advocate, S.N. Mookherjee, Advocate, Shaunak Mitra, Advocate, Nandini Khaitan, Advocate, Shreya Singh, Advocate

JUDGMENT

Shekhar B. Saraf, J. - This suit has been filed by the plaintiff/petitioner, Balasore Alloys Limited (hereinafter referred to as "Balasore") against the defendant/respondent, Medima LLC (hereinafter referred to as "Medima"), primarily seeking an antiarbitration injunction, restraining the respondent from going forward with its intent to arbitrate in the dispute that has arisen between them, before the International Chamber of Commerce (hereinafter referred to as "ICC") in London, United Kingdom.

2. The facts of the lis between the two parties is circumscribed within the following compass:

    a) Balasore is a public limited company, registered under the Companies Act, 2013 with its corporate office at 71, Park Street, Park Plaza, First Floor, Kolkata - 700 016. Balasore is engaged in the commercial activity of manufacturing as well as exporting ferro-alloys. Balasore has an established factory focused on the manufacturing of the said products located in Balgopalpur, Odisha since 1984 wherein Balasore sources its chrome ore from mines located in the Sukinda Valley of Odisha.

      b) Medima, on the other hand, is a limited liability company incorporated as per the laws of New York in

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