Delhi High Court - Orders
Mercator Ltd vs Dredging Corporation Of India Ltd on 25 April, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~29 to 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 2/2019, EX.APPL.(OS) 27/2020,
EX.APPL.(OS) 182/2020, EX.APPL.(OS) 346/2022,
EX.APPL.(OS) 2985/2022 & EX.APPL.(OS) 1620/2023
MERCATOR LTD. ..... Decree Holder
versus
DREDGING CORPORATION
OF INDIA LTD. ..... Judgement Debtor
+ O.M.P.(EFA)(COMM.) 3/2019, EX.APPL.(OS) 28/2020,
EX.APPL.(OS) 183/2020 , EX.APPL.(OS) 347/2022,
EX.APPL.(OS) 368/2022 & EX.APPL.(OS) 1622/2023
MERCATOR LTD. ..... Decree Holder
versus
DREDGING CORPORATION
OF INDIA LTD. ..... Judgement Debtor
+ O.M.P.(EFA)(COMM.) 4/2019, EX.APPL.(OS) 29/2020,
EX.APPL.(OS) 184/2020, EX.APPL.(OS) 369/2022,
EX.APPL.(OS) 2986/2022 & EX.APPL.(OS) 1621/2023
MERCATOR LTD. ..... Decree Holder
versus
DREDGING CORPORATION
OF INDIA LTD. ..... Judgement Debtor
Appearance:- Mr. Amitava Majumdar & Mr. Arvind Kumar Gupta,
Advocates for Mercator Ltd.-Decree Holder in Item
Nos. 29 to 31.
O.M.P.(EFA)(COMM.) 2/2019 & Connected Matters Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/04/2024 at 21:42:28
Mr. V. Seshagiri, Advocate for Dredging Corporation
of India Ltd. in Item Nos. 29 to 31
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 25.04.2024
1. The objections of the judgment debtor in these three enforcement proceedings were heard, and judgment was reserved on 09.02.2024. The proceedings have thereafter been placed on board at my instance for clarification.
2. The clarification arises out of a point taken in the written submissions filed by the judgment debtor after the hearing. Section C of the written submissions refers to a discrepancy in the exchange rate upon which the award has been computed. Learned counsel for the parties are ad idem that this issue arises only in O.M.P.(EFA)(COM) 3/2019 [which relates to the dredger 'Triloki Prem'].
3. Although no specific ground with regard to this issue has been taken in the judgment debtor's objections, Mr. V. Seshagiri, learned counsel appearing for the judgment debtor, refers to the judgment dated 25.01.2019, of the High Court of Justice of England and Wales, by which the judgment debtor's petition for setting aside of the award was rejected.1 In the said judgment, the High Court has dealt with this issue in paragraphs 37 to 47. It has come to the conclusion that "the tribunal 1 Document No.VI of the decree holder's list of documents.
O.M.P.(EFA)(COMM.) 2/2019 & Connected Matters Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 21:42:28 simply appears to have got this point fundamentally wrong."2 However, the tribunal having denied to entertain an application for correction of the award, the Court found itself circumscribed by Section 68 of the English Arbitration Act, 1996, and held that "In those circumstances, with some regret, I conclude that there is really nothing I can do about this error."3
4. Mr. Seshagiri submits that this Court may decline enforcement on the ground of public policy in view of the aforesaid observations of the seat Court.
5. Mr. Amitava Majumdar, learned counsel for the decree-holder, however, states that the decree-holder concedes this point and will not enforce the award to the extent of ₹5,04,825/-.
6. Mr. Seshagiri accepts that this statement of Mr. Majumdar renders the objection on this ground infructuous.
7. The objections of the judgment debtor remain reserved for judgment, with the aforesaid observations.
PRATEEK JALAN, J APRIL 25, 2024 'pv'/ 2 Paragraph 40 of the judgment dated 25.01.2019.
3Paragraph 47 of the judgment dated 25.01.2019.
O.M.P.(EFA)(COMM.) 2/2019 & Connected Matters Page 3 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 21:42:29