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2017 Supreme(Cal) 339

SOUMEN SEN
Jaldhi Overseas PTE Ltd. – Appellant
Versus
Bhushan Power & Steel Limited – Respondent


Advocates Appeared:
For the Petitioner:Jayanta Kumar Mitra, Ratnanko Banerjee, Dhruba Ghosh , Sr. Advocates, Reetobroto Mitra, Pradip Kr. Sarawgi, Advocates.
For the Respondent:Pratap Chatterjee, S.N. Mookherjee, Abhrajit Mitra Sr. Advocates, Sarvapriya Mukherjee, Jishnu Chowdhury, Rajashree Kajaria, Soumabho Ghosh, Advocates.

JUDGMENT :

1. This is an application for enforcement of a foreign award.

2. The award debtor has raised a preliminary objection with regard to the maintainability of this Execution Application on the ground that the deponent to the affidavit supporting that the said application has not provided any document to show his authority to file the said application and in any event, the said application has not been notarized in the proper manner as required under law. On this ground itself, the said application should be rejected and/or not be considered.

3. Mr. Jayanta Kumar Mitra, the learned Senior Counsel appearing on behalf of the award holder has submitted that Jaldhi Overseas vide Board meeting dated 8th June, 2016, authorized its Company Secretary, a principal officer, to take necessary steps and authorise a person to file proceedings on behalf of Jaldhi.

4. Sripriya Balasubramanian, the Company Secretary, executed a Power of Attorney authorizing Ajit Kumar Patni to act on behalf of Jaldhi and institute necessary proceedings for enforcement and execution of the award.

5. This execu
































































































































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