Calcutta High Court
Marco Shipping Agency vs R. Piyarelall International Private ... on 14 March, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC 42 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MARCO SHIPPING AGENCY
Versus
R. PIYARELALL INTERNATIONAL PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 14th March, 2017.
Appearance:
Mr. Dhruba Ghosh, Sr. Adv.
The Court : This is an application for execution of a foreign award. The award-holder has filed a duly authenticated copy of the original award along with a duly certified copy of original agreement for arbitration. The attempt of the award-holder to serve a copy of the supplementary affidavit upon Dynametic Oversees Private Limited, which is the present name of the Award- debtor, proved to be unsuccessful as it appears that the envelope issued to the award-debtor containing the said supplementary affidavit has been returned with the endorsement 'Refused'. Since refusal is deemed service, I proceed to hear the said application for enforcement of the foreign award. In view of compliance of section 47 of Arbitration and Conciliation Act, 1996 inasmuch as by the earlier 2 judgement of the Division Bench on 3rd September, 2008, some portion of the foreign award has been held to be against public policy of India consequent whereupon the said claim was withdrawn, there is no impediment now to enforce the said foreign award as modified as a decree. Since the judgement-debtor is deliberately avoiding to accept the service although they have filed affidavit-in- opposition earlier and is not contesting the present proceeding, as an interim measure Mr. Suman Chakroborty, Advocate, Bar Association Room No. 12, Mobile No. 7278624428, appointed as a receiver over and in respect of registered office of Dynametic Oversees Private Limited situated at 85 Ballygunge Gardens. The director of the company, namely, Amar Nath Singh and Debabrata Das are directed to file affidavit of assets in form No.16A of appendix E of the Code of Civil Procedure within two weeks from the date of communication of this order, failing which warrant of arrest may be issued against the said directors. The receiver may also ascertain if the award-debtor company is still carrying on business at 46C, Jawaharlal Nehru Road, Everest House, Kolkata-71 and if so, shall take possession of the asset and properties of the said company. The receiver shall file a report on the adjourned date. The petitioner shall communicate this order to the award-debtor at both the addresses, namely, 85 Ballyguange Gardens and 46C Jawaharlal Nehru Road, Everest House, Kolkata- 71 and upon the directors at the last known address available with the register of company in course of this week and shall file affidavit of service on adjourned date.
Affidavit of service be kept with the record.
3The matter stands adjourned for four weeks.
(SOUMEN SEN, J.) sp3