Partly allowed¶21

California Institute of Computer v. M/s Perfint Healthcare Pvt. Ltd.

Madras HC2 Jul 2025A/2796/2025

Case brief

AI extract

What is this about?

Foreign arbitral award enforcement Madras High Court Commercial Division; Sections 47-49 Arbitration and Conciliation Act 1996; amendment of pleadings application allowed without prejudice; limitation plea raised in preliminary counter; California Institute of Computer v. Perfint Healthcare Pvt. Ltd.; A.Nos.2796 & 2538 of 2025 in Arb.O.P.(Com.Div.) No.571 of 2023; counter directed; objections reserved for A.No.2538 of 2025; posted to 23.07.2025; Justice Abdul Quddhose.

What did the court decide?

Amendment application A.No.2796 of 2025 allowed as prayed for; applicant's counsel directed to carry out the amendment; respondent left free to raise all objections in A.No.2538 of 2025 after filing counter; matter posted for counter and disposal in A.No.2538 of 2025 on 23.07.2025. ¶21

California Institute of Computer Vs M/s Perfint Healthcare Pvt… — Arbitration | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.07.2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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A. Nos.2796 & 2538 of 2025 in Arb. O.P. (Com.Div.) No.571 of 2023

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California Institute of Computer .. Applicant

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M/s.Perfint Healthcare Pvt. Ltd. .. Respondent

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ORDER

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Counter has been filed by the respondent in A.No.2796 of 2025. The said application has been filed seeking to amend the pleadings.

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2.Arb. O.P. (Com.Div.) No.571 of 2023 has been filed seeking to

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enforce the foreign arbitral award as per the provisions of Section 47 to 49 of the Arbitration and Conciliation Act, 1996.

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3.Earlier, the respondent had raised the plea of limitation through

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their preliminary counter filed in Arb.O.P. (Com.Div.) No.571 of 2023. Only to overcome the same, A.No.2796 of 2025 has been filed. Even though counter has been filed by the respondent raising objections with regard to

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https://www.mhc.tn.gov.in/judis

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the amendment sought for in A.No.2796 of 2025, the learned counsel for the respondent has not raised serious objections. Learned counsel for the respondent would submit that the respondent may be granted liberty to raise all objections with regard to the same when A.No.2538 of 2025 will be taken up for hearing by this Court. Till date, counter has not been filed in A.No.2538 of 2025.

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4.Learned counsel for the respondent seeks further time to file

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counter in A.No.2538 of 2025.

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5.In view of the above observation recorded by this Court, A.No.2796

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of 2025 is allowed as prayed for, without prejudice to the rights and contentions of the respondent to raise all objections in A.No.2538 of 2025, which will be taken up for consideration by this Court, once the counter is filed by the respondent in the said application.

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6.Learned counsel for the applicant is directed to carry out the

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