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2023 Supreme(Ker) 178

C. S. DIAS
PENIEL CASHEW COMPANY – Appellant
Versus
AHCOM SARL – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: T. KRISHNANUNNI, N.D. PREMACHANDRAN, VINOD RAVINDRANATH, D. AJITHKUMAR.
For the Respondent: T.R. ASWAS.

ORDER :

1. The civil revision petition is filed by the award debtor in E.P. No. 97/2013 of the Court of the Second Additional District Judge, Kollam, challenging the order of his arrest and detention in the civil prison. The respondent is the award holder.

2. The salient background facts leading to the impugned order are:

    2.1. The respondent has filed E.P. No. 97/2013 against the petitioner to execute a foreign arbitration award passed by Combined Edible Nut Trade Association (CENTA), London.

2.2. The respondent had initiated arbitration proceedings against the petitioner, based on an earlier contract to realise an amount of 2,88,125.20 U.S. Dollars. The petitioner was not served with notice or given an opportunity to contest the arbitration proceedings, but CENTA passed an ex-parte award on 20.12.2012.

2.3. The petitioner challenged the award before the District Court, Kollam, by filing O.P. No. 1/2013 under Section 34 of the Arbitration and Conciliation Act, 1996 (in short ‘Act’). The respondent questioned the maintainability of the original petition. The District Court rejected the objection. The respondent unsuccessfully challenged the order before this Court and the Hon’ble Supreme

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