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2017 Supreme(Online)(Cal) 24

IN THE HIGH COURT AT CALCUTTA
P.B. Mukharji, J
Jaldhi Overseas PTE. Ltd. v. Bhushan Power & Steel Limited


Advocates:
For the Appellants/Petitioners: Mr. Jayanta Kumar Mitra
For the Respondents: Mr. Pratap Chatterjee

1. This is an application for enforcement of a foreign award.

2. The award debtor has raised a preliminary objection with regard to the maintainability of this Execution Application on the ground that the deponent to the affidavit supporting that the said application has not provided any document to show his authority to file the said application and in any event, the said application has not been notarized in the proper manner as required under law. On this ground itself, the said application should be rejected and / or not be considered.

3. Mr. Jayanta Kumar Mitra, the learned Senior Counsel appearing on behalf of the award holder has submitted that Jaldhi Overseas vide Board meeting dated 8th June, 2016, authorized its Company Secretary, a principal officer, to take necessary steps and authorise a person to file proceedings on behalf of Jaldhi.

4. Sripriya Balasubramanian, the Company Secretary, executed a Power of Attorney authorizing Ajit Kumar Patni to act on behalf of Jaldhi and institute necessary proceedings for enforcement and execution of the award.

5. This execution was witnessed by Joseph Lopez, a Notary Public of Singapore.

6. Upon due execution such Power of Attorney, Jos



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