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2018 Supreme(Del) 836

VIBHU BAKHRU
SWISS SINGAPORE OVERSEAS ENTERPRISES PTE LTD – Appellant
Versus
SARA INTERNATIONAL PVT. LTD – Respondent


Advocates Appeared:
For the Petitioner:Mr S.N. Mitra and Ms Ekta Bhasin, Advocates.
For the Respondent:Mr Virender Ganda, Senior Advocate with Mr Vipul Ganda, Mr Raghav Kakkar and Ms Shreya Jain, Advocates.

ORDER :

VIBHU BAKHRU, J.

1. M/s Swiss Singapore Overseas Enterprises Private Limited (hereafter ‘SSOEPL’), a company registered under the laws of Singapore has filed the present petition for enforcement of a foreign award dated 16.10.2016 (hereafter ‘the arbitral award’) passed by the Arbitral Tribunal in respect of an arbitration conducted under the aegis of Singapore International Arbitration Centre (SIAC).

2. The respondent (hereafter ‘SARA’), a company incorporated in India, has filed objections to the enforcement of the arbitral award under Section 48 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’), which are considered by this Court hereunder.

3. The arbitral proceedings were commenced in the context of the disputes that had arisen between the parties in relation to a Sales Contract dated 03.04.2014 (hereafter ‘the Agreement’), whereby SSOEPL agreed to sell South African Steam Coal to SARA.

4. Initially, the contract between the parties was for sale and purchase of 20,000 metric tonnes +/- 10% (at seller’s option) but the contract was subsequently amended by an addendum to the Agreement executed on 08.05.2014. In terms of the said addendum, the quantity to be s










































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