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2019 Supreme(Del) 1709

RAJIV SHAKDHER
Glencore International AG – Appellant
Versus
Indian Potash Limited – Respondent


Advocates Appeared:
For the Appellant :Nakul Dewan, Moazzam Khan, Shweta Sahu, Brijesh Kumar, Kartik Prasad, Advocates.
For the Respondent:Arjun Singh Bhati, Advocate.

JUDGMENT :

Preface

1. The captioned execution petition seeks enforcement of foreign award dated 12.3.2012 (hereafter referred to as ‘Final Award’) and the cost of the reference awarded in favour of the decree holder i.e. Glencore International AG. (hereafter referred to as ‘Glencore’) which was passed by the arbitral tribunal after the final award on 12.5.2015 (hereafter referred to as ‘Cost Award’).

2. Notice in the execution petition was issued on 23.3.2015. The judgment debtor i.e. India Potash Ltd. (hereafter referred to as ‘IPL’) entered appearance through its counsel on 29.4.2015. On that date, IPL was granted two weeks to file its objections to the award.

3. As would be evident, up until that stage, the cost award had not been rendered by the arbitral tribunal.

4. The record shows that on 22.5.2015, IPL’s application i.e. EA(OS) No.523/2015 seeking an extension of time for filing objections was allowed by the Court. IPL was thus granted further three weeks from that date to file its objections in the matter. Glencore, on the other hand, was given two weeks to file its rejoinder thereafter. The application was disposed of in the aforesaid terms.

5. The record also shows that IPL fi

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