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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
C & E Limited – Appellant
Versus
Feather Touch Limited – Respondent
| Table of Content |
|---|
| 1. award challenged under arbitration act. (Para 1 , 2 , 3) |
| 2. jurisdictional challenges and dismissals. (Para 4 , 5) |
| 3. court's duties in examining impartiality. (Para 6 , 18 , 31) |
| 4. arguments regarding arbitrator's affiliation. (Para 7 , 8 , 20 , 22) |
| 5. discussing control via shareholding structure. (Para 39 , 41 , 42) |
| 6. arguments on controlling interests. (Para 50 , 54 , 60) |
| 7. determining bias and conflict of interest. (Para 90 , 117 , 138) |
| 8. conclusion on the validity of the award. (Para 191 , 198) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The genesis of the present appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) is an award dated February 29, 2020 passed by a learned Senior Advocate of this Court in the capacity of Arbitrator, who was appointed by Court on consent, as recorded in the order dated August 1, 2014 passed in a suit between the parties bearing CS No. 344 of 2014.
2. AP No. 364 of 2020 was filed by one Gopal Das Bagri and AP No. 402 of 2020 by Feather Touch Limited, both award debtors, under Section 34 of the 1996 Act, challenging the said award. The said two applications appeared before the
Arbitration awards, lacking jurisdiction, do not equate to money decrees; interim relief granted during appeal pending jurisdictional determinations.
An unconditional stay of an arbitral award is impermissible unless specific statutory conditions under Section 36(3) of the Arbitration Act are fulfilled.
The enforceability of a foreign arbitral award under the A&C Act requires specificity in the award; vague declarations cannot be executed until all pertinent elements are resolved.
The appointment of an arbitrator in violation of the Arbitration and Conciliation Act renders the interim award unenforceable, emphasizing the necessity of proper notice and jurisdictional compliance....
: An interim award passed by an ineligible arbitrator is unenforceable.
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