Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Elboil GmbH, Rep. by its Power Agent Sudarshan Gujar – Appellant
Versus
Sakthi Ferro Alloys India Pvt. Ltd., Rep. by its Directors – Respondent
| Table of Content |
|---|
| 1. details of the sales agreement and arbitration initiation. (Para 3 , 4 , 5 , 6 , 10) |
| 2. respondent's defense of not receiving notice. (Para 12 , 13 , 19 , 20) |
| 3. enforcement of the arbitral award. (Para 21 , 22) |
ORDER :
N.ANAND VENKATESH, J.
This petition has been filed under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) for declaring that the Arbitral Award dated 07.02.2025 read with the Arbitral Award on costs dated 13.03.2025, passed by the Arbitral Tribunal, is enforceable in accordance with to 49 of the Act and for other consequential reliefs.
2.Heard both sides and perused the materials available on record.
3.The brief facts of the case are:
3.1.On 24.01.2024, the petitioner and the respondent entered into a Sales Agreement for very low sulphur fuel oil and low sulphur marine gas oil, which can be collectively called as bunkers. The petitioner addressed a sales confirmation by e-mail to the respondent contending inter alia, the details of the vessel to which the aforesaid bunkers were to be supplied, the place of supply, the manner of supply, the date of supply and the cost of the bunkers and supplies thereof.
3.2.As per the ag
Court affirmed enforceability of foreign arbitral award despite objections on notice, establishing party's responsibility to engage in proceedings despite received communications.
Once declaratory arbitration award came to be passed by arbitral tribunal, same ought to have been challenged by petitioners by exercising its remedy available under provisions of English Arbitration....
Failure to comply with mandatory requirements under the Arbitration Act for recognizing an arbitration award renders the order null and void.
Due notice in arbitral proceedings is essential for validity; lack of proper service violates principles of natural justice.
Arbitration Award - Service of Notice - Notices were returned with remarks ‘left’ and therefore same did not constitute a due service of notice as required under bye-law 287 of the bye-laws of DSE. N....
Sine qua non for execution of an award is existence of properties against which an order could be passed by Court.
The enforcement of foreign arbitral awards under the Arbitration and Conciliation Act, 1996, is upheld unless specific procedural or public policy violations are proven, which was not established in ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
