Central Inland Water Transport ... vs Lmj Shipping Pvt. Ltd
2022 Latest Caselaw 488 Cal/2

ODC-16
                                  EC/321/2021
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE
                              (Via Video Conference)



        CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED
                                VS
                       LMJ SHIPPING PVT. LTD.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 15th February, 2022.

Appearance:-

Mr. Priyankar Saha, Adv.

Mr. Ashok Kumar Jena, Adv.

Mr. Nirmalya Dasgupta, Adv.

The Court:- This is an application for execution of an award dated 11th

April, 2019. It is submitted on behalf of the decree-holder that the challenge

under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the

judgment-debtor had been dismissed by an order dated 25th November, 2019.

Accordingly, the award has become binding and enforceable and there is no

embargo on the petitioner in proceeding with this application.

By an order dated 14th December, 2021, the judgment-debtor was duly

served a copy of this application.

The judgment-debtor is represented and submits that the disputes raised

by the decree-holder do not fall within the definition of 'commercial disputes' as

defined under the Commercial Courts Act, 2015. It is further submitted on

behalf of the judgment-debtor that in any event, the decree-holder is not entitled

to an order in terms of prayer (a) and has to exhaust all the remedies available

before the decree-holder before seeking in terms of prayer (a). In reply, it is

submitted by the decree-holder that the award arises out of a dispute for

transportation of goods which had been undertaken by the decree-holder which

is engaged in the business of riverine cargo operation, charter hire of vessel and

other inland shipping activities. As such, this is a commercial disputes within

the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015.

I find that it is an indisputable position that the award has ripened for

execution and the decree-holder has an indefeasible right to initiate this

application.

I do not find any merit in the objections raised by the judgment-debtor,

that this is not a 'commercial disputes' as defined under the Commercial Courts

Act, 2015. On the other hand, I am of the view that the disputes between the

parties fall within the definition of Section 2(1)(c)(v) of the Commercial Courts

Act, 2015.

In any event, on the merits of this application, there is not an iota of

defence which the decree-holder can demonstrate to the prayers in the Tabular

Statement.

In view of the aforesaid, there shall be an order in terms of prayer (a) and

(e) of the Tabular Statement.

Let this matter appear on 28th February, 2022.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh