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2022 Supreme(Bom) 73

A.K.MENON
Aircon Beibars FZE – Appellant
Versus
Heligo Charters Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. Abhinav Chandrachud, a/w Mr. Aman Vachher, Mr. Sajid Mohamed, Mr. Dhiraj, Mr. A. Mukherjee and Mr. Darshil Thakkar, i/by Agrud Partners
For the Respondent:Mr. Darius Khambata, Sr. Advocate, a/w Mr. Pheroze Mehta, Mr. Nishant Shah, Mr. Abhileen Chaturvedi, Ms. Virangana Wadhawan, Mr. Samarth Saxena and Ms. Sharmin Kapadia, i/b. Economic Laws Practice

JUDGMENT :

1. The petitioner, a company incorporated in Sharjah, UAE, under the laws of UAE, is engaged in the business of leasing and chartering of aircraft and/or helicopters. The respondent, a private limited company, incorporated under the Companies Act, 1956, is carrying out a business of providing helicopter services to the oil and gas industry in India. By this petition, filed under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996, the petitioner seeks enforcement of the Final Arbitration Award dated 25th January 2017 (“Award”).

2. The Award is a foreign award within the meaning of Section 44 Part II of the Arbitration and Conciliation Act made pursuant to an agreement in writing for arbitration to be held in Singapore. The seat of arbitration under the Settlement Deed was at Singapore. The Awards directs the respondent to pay sum of USD 6,563,700/- and SGD 775,462.28.

3. The opposition to enforcement on behalf of the respondent is on five grounds which are briefly as follows;

    (i) Foreign Award grants the price of the helicopter under the agreement which had been terminated and hence enforcement of such an award would be contrary to the public policy of India;

(ii

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