Calcutta High Court
Chatterjee Petrochem (Mauritius) Co vs Government Of West Bengal & Ors on 17 February, 2020
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ODC-9
EC 245 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CHATTERJEE PETROCHEM (MAURITIUS) CO.
Versus
GOVERNMENT OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 17th February, 2020.
Appearance:
Mr. Siddhartha Mitra, Sr. Adv.
Mr. D. Gomes, Adv.
Mr. S. Datta, Adv.
...for the petitioner.
Mr. Kishore Dutta, Ld. Adv. Gen.
Mr. Jishnu Saha, Sr. Adv.
Mr. Manoj Kumar Tiwari, Adv.
Mr. Mayank Mishra, Adv.
Mr. Sidharth Sethi, Adv.
...for the respondent no.1.
Mr. Anindya Kumar Mitra, Sr. Adv.
Mr. Partha Basu, Adv.
Mr. Soumabho Ghose, Adv.
...for the respondent no.3.
The Court : This is an application for execution of a foreign award. The parties have already filed their respective pleadings in this application.
It is, however, submitted by the learned Advocate General appearing for the respondent/award-debtor that the hearing of this application may be adjourned for two weeks in order to enable the respondent no.1, Government of West Bengal(the award debtor) to challenge the judgment and order dated January 10, 2020 passed by 2 the Division Bench of this Court in APO No.531 of 2017 before the Hon'ble Supreme Court.
By the said judgment and order dated January 10, 2020 the Division Bench rejected the appeal filed by the respondent no.1 herein against the decision of a learned Single Judge of this Court rejecting the application of the respondent no.1 herein under Section 34 of the Arbitration and Conciliation Act, 1996. The learned Single Judge held that an application could not be maintained under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge a foreign arbitral award. The Division Bench has upheld the said decision of the learned Single Judge. The respondent no.1 now seeks to assail the Division Bench decision before the Hon'ble Supreme Court. Parties submit that they have obtained the copy of the judgment and order dated January 10, 2020 only on February 13, 2020.
Considering the facts of the case, the hearing of this application is adjourned till March 4, 2020.
As recorded in the order dated July 24, 2019 passed by this Court in this application that the respondents have no intention to transfer the 155 million shares of the respondent no.3 company being the subject-matter in dispute in the arbitral proceeding in favour of any party whosoever.
(ASHIS KUMAR CHAKRABORTY, J.) s.pal