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2024 Supreme(Online)(Bom) 7153

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE R. I. CHAGLA
TEMA INDIA LTD. – Appellant
Versus
SEOK-AM TECH CO.LTD (ALSO KNOWN AS SATCO) – Respondent


2024:BHC-OS:6233 jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION NO.342 OF 2020 Tema India Ltd. …Petitioner Versus Seok-am-Tech Co. Ltd. (also known as Satco) …Respondent ----------

Mr. Mustafa Doctor, Senior Counsel, Karl Shroff, K.R. Daviervala and Yazdi P Jijina i/b. Mulla and Mulla & Craigie Blunt and Caroe for the Petitioner.

Mr. Firoz Bharucha, Ziyad Madon, Mahek Kamdar, Karshil Shah and Hersh Choksi i/b. Kanga and Co. for the Respondent.

----------

CORAM :R.I. CHAGLA J.

DATE :10TH APRIL, 2024.

ORDER :

1. By this Arbitration Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”), impugned Award dated 18th October, 2019 has been challenged. By the impugned Award, the Petitioner has been directed to pay an amount of US$ 632,100 plus interest thereon @ 6% per annum from 1st January, 2015 till payment and / or realization.

2. The limited issue which arises in the Arbitration Petition and which was noticed by this Court vide Order dated 6th January, 2023 is the issue of limitation and accordingly this Court had directed that the Petition shall be

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