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2023 Supreme(Mad) 3052

D. KRISHNAKUMAR, P. DHANABAL
Toram Exports Pvt. Ltd. , Tirupur – Appellant
Versus
Samwon Textiles Co. Ltd. , Republic Of Korea – Respondent


For the Appellant :Senthur, Ananda Gomathy, Advocates. For the Respondent:Srinath Sridevan, M/s. Anita Suresh, Advocates.

JUDGMENT

(Prayer: Original Side Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Order XXXVI Rule 9 of Original Side Rules and Clause 15 of the Letters Patent against the order dated 13.06.2023 made in Arb.O.P.No.572 of 2022.)

D. Krishnakumar, J.

1. This Intra Court appeal is filed, challenging the order dated 13.06.2023 passed in Arb.O.P(Com.Div) No.572 of 2012, which has been filed by the respondent herein to declare the award dated 29.01.2021 be deemed to be decree of this Court and for a direction to the respondent to enforce the Foreign Award dated 29.01.2021 passed by the Arbitrator of the Republic of Korea.

2. The respondent herein had filed Arb.O.P.(Com.Div) No.572 of 2022 before this Court seeking enforcement of the Foreign Award passed by the Republic of Korea, vide Award dated 29.01.2021. In the said Arbitration Original Petition, the appellant has raised a grond that the arbitration proceedings has not been conducted in a fair manner and no opporutunity has been provided to the appellant to present his case and he had filed numerous documents before the Arbitrator, however the same had not been considered by the learned Arbitrator and further, the

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