Calcutta High Court
Swiss Singapore Overseas Enterprises ... vs Lmj International Ltd on 2 January, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER
EC No. 353 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SWISS SINGAPORE OVERSEAS ENTERPRISES PTE LTD.
Versus
LMJ INTERNATIONAL LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 2nd January 2018.
Appearance:
Mr. S. N. Mitra, Sr. Advocate Mr. Ratnanko Banerjee, Advocate Mr. D. N. Sharma, Advocate.
Abhrajit Mitra, Sr. Advocate Ms. Nikita Jhunjhunwala, Advocate.
The earlier execution application for enforcement of the self-same foreign award was dismissed on 6th July 2017 on the ground that there are apparent discrepancies between the documents being pages 22 and 23 of Annexure-B. Since the records need to be corrected, leave was given to the petitioner to file a fresh application after removing the defects by producing proper certification of the award.
In the present application, proper certification has been furnished in Annexure-E of the affidavit in support of the tabular statement. It has been duly certified by the Notary Public that the Tribunal's partial award dated 20th February 2013 is an authentic award published in Singapore by the Arbitral Tribunal 2 comprised of Mr. Gordon Smith in arbitration proceedings conducted under the International Arbitration Act (Chapter 143A).
Since by the earlier order the other objection with regard to Notarial attestation was rejected and leave had been given to remove the defects by production of a proper certification of the award and having regard to the fact that now proper certification has been done, this application is taken on record.
In the earlier execution application being EC No. 321 of 2013, the following order was passed:-
"In terms of the order dated 18th March, 2015 the judgment debtor has furnished security by way of a immovable property being House/Plot No.29, Block 10A measuring 233.33 Sq. yards situated in lay out plan of Roshan Ara Extsion Scheme presently known as Shakti Nagar situated in Delhi along with land beneath it within jurisdiction of office of Sub-Registrar, Kashmiri Gate, Delhi worth Rs.5,25,50,000/- on 15th January, 2013. The Registrar, Insolvency has filed a report. In view thereof, this property shall stand attached until further orders.
In view of the aforesaid security the order directing attachment of the bank account by an order dated 26th February, 2015 stand vacated.
The application shall appear under the heading "Chamber Application for Final Disposal" in the monthly combined list of April, 2015.
Urgent certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities."3
The securities have not been released by the order dated 6th July 2017.
Under such circumstances, the order of injunction passed on 26th March 2015 revives.
Let this matter be listed in the monthly combined list of March 2018.
(SOUMEN SEN, J.) S. Kumar