Gujarat High Court
Kandla Export Corporation & vs Oci Corporation & on 8 September, 2017
Author: M.R. Shah
Bench: M.R. Shah, B.N. Karia
C/FA/3096/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 3096 of 2017
With
CIVIL APPLICATION NO. 11626 of 2017
In FIRST APPEAL NO. 3096 of 2017
With
FIRST APPEAL NO. 3097 of 2017
With
CIVIL APPLICATION NO. 11629 of 2017
In FIRST APPEAL NO. 3097 of 2017
With
FIRST APPEAL NO. 3098 of 2017
With
CIVIL APPLICATION NO. 11630 of 2017
In FIRST APPEAL NO. 3098 of 2017
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KANDLA EXPORT CORPORATION & 1....Appellant(s)
Versus
OCI CORPORATION & 1....Defendant(s)
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Appearance:
MR SN SOPARKAR, SENIOR ADVOCATE with
MR ARCHIT P. JANI & SALIL M SHAH, ADVOCATES for
SHARDUL AMARCHAND MANGALDAS AND CO, for the APPELLANTS
MR MIHIR THAKORE, SENIOR ADVOCATE with
MR NIRAG PATHAK, MS SHWITI SABHAIWAL, MS GRIMA AHUJA,
MR SHALIN JANI, ADVOCATES
for the Respondent
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CORAM:HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 08/09/2017
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C/FA/3096/2017 ORDER
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) All these appeals under section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 have been preferred by the respective appellants - Judgement Debtors against whom Foreign Awards are passed challenging the impugned common order passed by the learned Single Judge - Commercial Division, passed under section 49 of the Arbitration and Conciliation Act, 1996 (as amended by Act of 2015), by which, the learned Single Judge has held that the respective Foreign Awards which are sought to be executed, are enforceable in India and therefore, they are Decrees.
Mr.Mihir Thakore, learned counsel appearing on behalf of the Judgement Creditors has raised a preliminary objection / issue with respect to maintainability of the present appeals before the Commercial Appellate Division of the High Courts i.e. present appeals under section 13 of the Commercial Courts Act.
Number of submissions have been made by the learned counsel appearing on behalf of the respective parties on Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Sep 16 09:06:08 IST 2017 C/FA/3096/2017 ORDER maintainability of present appeals under section 13 of the Commercial Courts Act.
We have heard the learned counsel appearing on behalf of the respective parties on the issue as to whether the present appeals before this Court - Appellate Division of the High Court under section 13 of the Commercial Courts Act against the impugned order shall be maintainable or not.
FOR ORDERS on maintainability of the present appeals and on the preliminary objection / issue raised by Mr.Mihir Thakore, learned counsel appearing on behalf of the Judgement Creditors.
Sd/-
(M.R. SHAH, J.) Sd/-
(B.N. KARIA, J.) Rafik..
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