J.K. INTERNATIONAL PTY LTD v. THE STATE TRADING CORPORATION OF INDIA LTD.

Delhi High Court · 28 Jan 2019 · 2019:DHC:554
Prathiba M. Singh
OMP (ENF.) (COMM.) 45/2018
2019:DHC:554
civil appeal_allowed

AI Summary

The Delhi High Court upheld a majority arbitral award with modifications and disposed of the enforcement petition accordingly.

Full Text
Translation output
OMP (ENF.) (COMM.) 45/2018
HIGH COURT OF DELHI
Reserved on : 1st October, 2018
Date of Decision: 28th January, 2019
OMP (ENF.) (COMM.) 45/2018
J.K. INTERNATIONAL PTY LTD ..... Petitioner
Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Sanjay Bansal &
Mr. Ajay Chaudhary, Advocates
VERSUS
THE STATE TRADING CORPORATION OF INDIA LTD. ..... Respondent
Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Ram K. Watal, Advocate
(M-98100316961).
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J.

1. The present petition has been filed seeking enforcement of the award dated 3rd September, 2013, passed by a three-member arbitral tribunal by a 2:1 majority.

2. O.M.P. 2/2014 is filed by the State Trading Corporation of India Ltd. (hereinafter, ‘STC’) under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) challenging the award dated 3rd September, 2013 passed by a three member Arbitral Tribunal by a 2:1 majority. The majority award has been upheld with modifications in terms of the 2019:DHC:554 OMP (ENF.) (COMM.) 45/2018 judgement passed today in OMP 2/2014. Directions in respect of the payment to be made are contained in the said judgement.

3. The present OMP is disposed of in terms of the judgement passed today in OMP 2/2014.

PRATHIBA M. SINGH, J. JUDGE JANUARY 28, 2019