A. J. DESAI, BIREN VAISHNAV
Image Mine Products Pvt. Ltd. – Appellant
Versus
Mercuria Energy Trading Pte Ltd. – Respondent
JUDGMENT :
A.J.DESAI, J.
(1) By way of present Appeal under Clause 15 of Letters Patent, the appellant - original respondent has challenged an oral judgment dated 29.04.2022 passed by the learned Single Judge in the captioned writ petition, by which the learned Single Judge has accepted the petition filed by the present respondent by holding that High Court of Gujarat has jurisdiction to execute the foreign award dated 26.04.2016 passed by the learned London Court of International Arbitration (hereinafter referred to as ‘the LCIA’ for short), under section 47 of the Arbitration and Conciliation Act, 1996.
(2) The Appeal came to be admitted on 05.07.2022. In response to the notice issued by this Court, the respondent has appeared and contested the Appeal. The matter is taken up for final hearing today.
(3) The short facts emerged from the records are as under : -
(3.1) That the parties to the present proceedings entered into a contract for supply of coal on 05.12.2014. The said contract was executed on certain terms and conditions. One of the condition was to refer the dispute, if arises, between the parties to LCIA for its resolution. In view of the dispute that arose between the partie
Furest Day Lawson Limited versus Jindal Exports Limited reported in 2011 (8) SCC 333.
Hindustan Construction Company Limited and Another versus Union of India and Others
Kandla Export Corporation versus OCI Corporation reported in (2018) 14 SCC 715
State of Punjab versus Davinder Pal Singh Bhullar reported in (2011) 14 SCC 770
Vijay Karia versus Prysmian Cavi E Sistemi SRL reported in (2020) 11 SCC 1
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