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2024 Supreme(Ker) 1656

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi,J
International Nut Alliance LLC, Rep By Its Authorised Signatory S. Anilkumar – Appellant
Versus
John's Cashew Co., Rep By Its Proprietor Binu John – Respondent


Advocates Appeared:
For the Petitioner: Sri. T.R. Aswas.
For the Respondent: Sri. D. Ajithkumar, Sri. N.D. Premachandran.

ORDER :

T.R. RAVI, J.

The question involved in this petition, seeking enforcement of an International Arbitration Award, is whether the court which is enforcing the award is empowered to direct payment of interest on the amount awarded, from the date of the award till the date of payment, when the award does not contemplate payment of any interest.

2. The petitioner is a company incorporated in USA. They entered into a contract with the respondent for the purchase of 700 cartons of W320-grade cashew kernels. The respondent supplied the goods and received payment. Contending that the goods supplied did not conform to the standards prescribed in the contract, the petitioner raised a claim against the respondent. When the respondent did not honour the claim, the petitioner issued notice to the respondent demanding arbitration of the dispute by the Association of Food Industries Inc. ('the AFI' for short). On 07.01.2010, the AFI issued a notice of arbitration to the petitioner and the respondent. The respondent did not attend the arbitral proceedings but sent a reply to the AFI stating that the AFI does not have jurisdictional competence to entertain the dispute, since the contract did no

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