ZEE SPORTS LIMITED. (NOW KNOWN AS ZEE DIGITAL CONVERGENCE LTD.) HAVING ITS OFFICE AT CONTINENTAL BUILDING, 135, DR. ANNIE BESANT ROAD, WORLI, MUMBAI Vs. NIMBUS MEDIA PTE. LTD. HAVING ITS REGISTERED OFFICE AT 10, ANSON ROAD, #24

JUDGEMENT

(1.) By this Chamber Summons, the Petitioner has sought an amendment to the Arbitration Petition to incorporate a ground to challenge the Award dated 3 Aug. 2015 rendered by the learned Arbitrator.

(2.) On 17 Jan. 2005, parties entered in the Heads of Agreement in respect of incorporating a joint venture company. Thereafter, various further agreements were entered into. Dispute arose between the parties regarding payment. Since the parties did not agree on the appointment of the arbitrator, an Application No. 42 of 2010 was moved by the Respondent under Sec. 11 of the Arbitration and Conciliation Act, 1996. The Application was taken up for consideration by the learned Judge designate. The learned Judge noted the existence of arbitration clause. A contention was raised by the Respondent - Applicant herein regarding the claim being barred by law of limitation. The learned Judge looked into the correspondence between the parties and prima-facie observed that the claim was within period of limitation and disposed of the application by order dated 24 Jan. 2011 appointing a learned retired Judge of this Court as a sole arbitrator. Thereafter, a statement of claim was filed by the Respondent before the Arbitrator on 20 June 2011. The Applicant filed statement of defence and took up various contentions, limitation being one of the primary contention. The Respondent filed affidavit in rejoinder. The parties thereafter filed sur-rejoinder. The Respondent led evidence of its Director. The Applicant led evidence of its CEO Mr. Goenka and of Mr. Modi. The learned Arbitrator passed an Award dated 3 Aug. 2015 allowing the claim of the Respondent of USD 1 million together with interest of USD 294,3715 prior to the 20 June 2011 and @ 5% from 20 June 2011 till making of the award and @ 12% p.a. from the date of the award till payment.

(3.) The Arbitration Petition was filed on 27 Oct. 2015. Perusal of the farad-sheet shows the Arbitration Petition came up on board on 15 Feb. 2016 when it was adjourned at the joint request on various dates such as 28 June 2016, 19 July 2016, 26 July 2016, 2 Aug. 2016, 23 Aug. 2016, 13 Sept. 2016, 15 Oct. 2016, 27 Oct. 2016, 28 Dec. 2016. On 17 Jan. 2017, when the Arbitration Petition came up before me, an oral submission was advanced that the learned Counsel for the Applicant intends to file a Chamber Summons to seek amendment to the Petition to incorporate a ground. Thereafter, the present Chamber Summons is filed and is taken up for consideration.