P.B.MUKHARJI
MURY EXPORTATION – Appellant
Versus
D. KHAITAN AND SONS LTD. – Respondent
( 1 ) THIS is a matter under the Arbitration (Protocol and Convention) Act, 1937. The petitioner is Mury Exportation, S. A. R. L. a French company incorporated and registered under the Laws of France having its principal office at 15, Rue dela Paix, Paris. The matter although initiated by a petition is treated as a suit under Section 5, Arbitration (Protocol and Convention) Act, 1937.
( 2 ) THE application or the suit is for filing the award made is Paris dated 18-2-1954 by the Court of Arbitration of the International Chamber of Commerce, Paris under Section 4, Arbitration (Protocol and Convention) Act which provides that any person interested in a foreign award may apply to any Court having jurisdiction over the subject-matter of the award that the award be filed in Court.
( 3 ) THE respondents are D. Khaitan and sons Limited, an Indian Company carrying on business at 14, Netaji Subhas Road, Calcutta, within the jurisdiction of this Court. The award directed Khaiten and Sons Ltd. , to pay to Mury Exportation the sum of Rs. 9,076-2-5 and 33595 French Francs with interest at 5 per cent. till the date of payment and the costs of arbitration amounting to 150,000
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