Calcutta High Court
Baoshun Technology Co. Ltd vs Phillips Carbon Black Limited on 17 July, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC No.213 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
BAOSHUN TECHNOLOGY CO. LTD.
Versus
PHILLIPS CARBON BLACK LIMITED
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 17th July, 2018.
Appearance:
Mr. S. Ravi Shankar, Adv.
Mr.Gopal Pahari, Adv.
Mr. Saunak Sengupta, Adv.
Mr. Mandeep Kaur, Adv.
Mr. Anirban Ray, Adv.
Mr. V.V.V. Sastry, Adv.
Mr. Tridib Bose, Adv.
The Court : This is an application for execution of a foreign award. The said application is accompanied by the original award and the original agreement for arbitration. There is enough proof to show that the award is a foreign award. On such consideration, this application is accepted. However, with regard to the enforcement of the foreign award the matter is required to be decided on affidavits. It is also open to the award-debtor to file a separate application for challenging the enforcement of the foreign award. The judgment-debtor shall file an affidavit in which it would be open for the judgment-debtor to raise objection with regard to the enforcement of the foreign award. 2
The award-debtor has submitted that the original award is not duly authenticated in the manner contemplated under Section 47(1)(a) of the Arbitration and Conciliation Act, 1996. This issue is also left open.
Affidavit-in-opposition shall be filed within three weeks from date. Affidavit-in- Reply thereto, if any, shall be filed within two weeks thereafter. The matter shall appear after eight weeks.
(SOUMEN SEN, J.) B.Pal