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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Olam International Ltd. – Appellant
Versus
Manickavel Edible Oils Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. facts surrounding execution petitions. (Para 3 , 4) |
| 2. arguments presented by the respective respondent. (Para 6 , 7) |
| 3. court's inquiry into contract validity. (Para 9 , 10) |
| 4. analysis of evidence and legal principles under section 48. (Para 12 , 18 , 19 , 20) |
| 5. lack of concluded contract impacts enforceability. (Para 34 , 46) |
| 6. conclusion: execution petitions dismissed. (Para 48) |
COMMON ORDER
The above execution petitions have been filed under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 (for short, the Act) read with Order XXI Rule 46 of the Civil Procedure Code ( CPC ) for recognition and enforcement of two foreign arbitral awards both dated 04.2.2021 and for a declaration that the same should be deemed to be the decrees of this Court.
2. Heard both.
3. The facts leading to filing of these execution petitions are as follows:
(i) In E.P.No.68 of 2021, the petitioner/award holder and the respondent/award debtor had a long standing business relationship for the sale of crude palm oil and refined, bleached and deodorised palm olein from Indonesia/Malaysia to India. Earlier, the parties had concluded around 89 transactions between 2017 and 2019. On 07.
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