Karnataka High Court
M/S Mohammed Enterprises (Tanzania) ... vs M/S Meerams Overseas Pvt Ltd on 19 February, 2024
-1-
NC: 2024:KHC:6942
AP.EFA No. 02 of 2019
C/W AP.EFA No. 3 of 2019
AP.EFA No. 4 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
AP.EFA NO. 02 OF 2019
C/W
AP.EFA NO. 3 OF 2019
AP.EFA NO. 4 OF 2019
IN AP.EFA NO.02/2019:
BETWEEN:
M/S MOHAMMED ENTERPRISES (TANZANIA) LIMITED
A COMPANY INCORPORATED UNDER THE LAWS OF
TANZANIA AND HAVING THIER
CORPORATE OFFICE AT 20TH FLOOR,
GOLDEN JUBLIEE TOWERS,
OHIO STREET P O BOX NO.20660,
DAR ES SALLAM, UNITED REPUBLIC OF TANZANIA,
REPRESENTED BY ITS POWER OF ATTORNEY
MR. HIMANSHU SAXENA.
...PETITIONER
Digitally (BY SRI A MADHUSUDHANA RAO, ADVOCATE)
signed by C
HONNUR AND:
SAB
Location: M/S MEERAMS OVERSEAS PVT LTD.,
HIGH COURT A COMPANY REGISTEREDUNDER INDIAN
OF
KARNATAKA COMPANIES ACT,
HAVING THEIR REGISTERED OFFICE
AT NO.471, MARUTHINILAYA,
PAVAGADA ROAD, CHALLKERE-577522,
AND HAVING THEIR OFFICE/FACTORY AT
NO.60 KIADB INDUSTRIAL AREA
BAIKAMPADI, MANGALORE - 575 011,
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENT
(BY SRI BALARAJU S, ADVOCATE)
-2-
NC: 2024:KHC:6942
AP.EFA No. 02 of 2019
C/W AP.EFA No. 3 of 2019
AP.EFA No. 4 of 2019
THIS AP.EFA (ARBITRATION PETITION - ENFORCEMENT
OF FOREIGN ARBITRAL AWARD) IS FILED UNDER SECTIONS 47
AND 49 OF THE ARBITRATION AND CONCILIATION ACT, 1996,
FOR THE ENFORCEMENT AND EXECUTION OF THE FOREIGN
AWARD PASSED BY THE ARBITRAL TRIBUNAL R/W SECTION 9
OF ARBITRATION AND CONCILIATION ACT AND AMENDMENT
ACT 2015 (NO.3 OF 2016) PRAYING TO ORDER THE
ENFORCEMENT OF THE AWARD IN ARBITRATION NO. 16-666
DATED 05/11/2018 PASSED BY THE HON'BLE ARBITRAL
TRIBUNAL AS PER THE ARBITRATION RULES NO. 125 OF
GAFTA, IN FAVOUR OF THE PETITIONER AND AGAINST THE
RESPONDENT AND ORDER THE RECOVERY OF AMOUNTS
PAYABLE BY THE RESPONDENT AS PER THE AWARD ALONG
WITH UP TO DATE INTEREST BY ATTACHMENT AND SALE OF
THE MOVABLE AND IMMOVABLE PROPERTIES OF THE
RESPONDENT, AND ALSO AWARD THE COSTS OF THE PRESENT
ENFORCEMENT PROCEEDINGS, AND GRANT SUCH OTHER
RELIEFS AS THIS HON'BLE DEEMS FIT TO GRANT IN THE
CIRCUMSTANCES OF THE CASE.
IN AP.EFA NO.03/2019:
BETWEEN:
M/S MOHAMMED ENTERPRISES (TANZANIA) LIMITED
A COMPANY INCORPORATED UNDER THE LAWS OF
TANZANIA, AND HAVING THEIR CORPORATE OFFICE
AT, 20TH FLOOR, GOLDEN JUBILEE TOWERS
OHIO STREET, P.O BOX NO.20660
DAR ES SALAAM,
UNITED REPUBLIC OF TANZANIA,
REPRESENTED BY ITS POWER OF ATTRNEY
MR HIMANSHU SAXENA.
...PETITIONER
(BY SRI A MADHUSUDHANA RAO, ADVOCATE)
AND:
M/S MEERAMS OVERSEAS PVT LTD.,
A COMPANY REGISTERED UNDER INDIAN
COMPANIES ACT,
HAVING THEIR REGISTERED OFFICE AT NO.471
-3-
NC: 2024:KHC:6942
AP.EFA No. 02 of 2019
C/W AP.EFA No. 3 of 2019
AP.EFA No. 4 of 2019
MARUTHI NILAYA, PAVAGADA ROAD
CHALLAKERE - 577 522,
AND HAVING THEIR OFFICE/FACTORY AT NO.60
KIADB INDUSTRIAL AREA, BAIKAMPADI
MANGALORE-575011,
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENT
(V/O/DT: 16.08.2021 RESPONDENT H/S)
THIS AP-EFA ( ARBITRATION PETITION - ENFORCEMENT
OF FOREIGN ARBITRAL AWARD) IS FILED UNDER SECTIONS 47
AND 49 OF THE ARBITRATION AND CONCILIATION ACT, 1996,
FOR THE ENFORCEMENT AND EXECUTION OF THE FOREIGN
AWARD PASSED BY THE ARBITRAL TRIBUNAL R/W SECTION 9
OF ARBITRATION AND CONCILIATION ACT AND AMENDMENT
ACT 2015 (NO.3 OF 2016) PRAYING TO ORDER THE
ENFORCEMENT OF THE AWARD IN ARBITRATION NO. 16-616
DATED 24/10/2018 PASSED BY THE HON'BLE ARBITRAL
TRIBUNAL AS PER THE ARBITRATION RULES NO. 125 OF
GAFTA, IN FAVOUR OF THE PETITIONER AND AGAINST THE
RESPONDENT AND ORDER THE RECOVERY OF AMOUNTS
PAYABLE BY THE RESPONDENT AS PER THE AWARD ALONG
WITH UP TO DATE INTEREST BY ATTACHMENT AND SALE OF
THE MOVABLE AND IMMOVABLE PROPERTIES OF THE
RESPONDENT, AND ALSO AWARD THE COSTS OF THE PRESENT
ENFORCEMENT PROCEEDINGS, AND GRANT SUCH OTHER
RELIEFS AS THIS HON'BLE DEEMS FIT TO GRANT IN THE
CIRCUMSTANCES OF THE CASE.
IN AP.EFA NO.04/2019:
BETWEEN:
HORIZON COMMODITIES LTD DMCC
A COMPANY REGISTERED AND LICENCED AS FREE
ZONE COMPANY UNDER THE RULES AND
REGULATIONS OF DMCCA,
HAVING THEIR OFFICE AT UNIT NO. 2H-05-334,
FLOOR NO. 5, BUILDING NO. 2,
PLOT NO. 550-554, J & G, DMCC,
DUBAI, UNITED ARAB EMIRATES,
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NC: 2024:KHC:6942
AP.EFA No. 02 of 2019
C/W AP.EFA No. 3 of 2019
AP.EFA No. 4 of 2019
REP. BY ITS POWER OF ATTORNEY HOLDER,
MR. HIMANSHU SAXENA.
...PETITIONER
(BY SRI A MADHUSUDHANA RAO, ADVOCATE)
AND:
M/S MEERAMS OVERSEAS PVT LTD.,
A COMPANY REGISTERED UNDER INDIAN
COMPANIES ACT, HAVING THEIR REGISTERED
OFFICE AT NO. 471, MARUTHI NILAYA,
PAVAGADA ROAD, CHALLAKERE 577 522,
AND HAVING THEIR OFFICE/FACTORY AT NO 60,
KIADB INDUSTRIAL AREA, BAIKAMPADI,
MANGALURU - 575 011,
REP. BY ITS MANAGING DIRECTOR.
...RESPONDENT
(V/O/DT: 05.10.2021 NOTICE TO RESPONDENT H/S)
THIS AP-EFA ( ARBITRATION PETITION - ENFORCEMENT
OF FOREIGN ARBITRAL AWARD) IS FILED UNDER SECTIONS 47
AND 49 OF THE ARBITRATION AND CONCILIATION ACT, 1996,
FOR THE ENFORCEMENT AND EXECUTION OF THE FOREIGN
AWARD PASSED BY THE ARBITRAL TRIBUNAL R/W SECTION 9
OF ARBITRATION AND CONCILIATION ACT AND AMENDMENT
ACT 2015 (NO.3 OF 2016) PRAYING TO ORDER THE
ENFORCEMENT OF THE AWARD IN ARBITRATION NO. 16-648
DATED 08/08/2018 PASSED BY THE HON'BLE ARBITRAL
TRIBUNAL AS PER THE ARBITRATION RULES NO. 125 OF
GAFTA, IN FAVOUR OF THE PETITIONER AND AGAINST THE
RESPONDENT AND ORDER THE RECOVERY OF AMOUNTS
PAYABLE BY THE RESPONDENT AS PER THE AWARD ALONG
WITH UP TO DATE INTEREST BY ATTACHMENT AND SALE OF
THE MOVABLE AND IMMOVABLE PROPERTIES OF THE
RESPONDENT, AND ALSO AWARD THE COSTS OF THE PRESENT
ENFORCEMENT PROCEEDINGS, AND GRANT SUCH OTHER
RELIEFS AS THIS HON'BLE DEEMS FIT TO GRANT IN THE
CIRCUMSTANCES OF THE CASE.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:6942
AP.EFA No. 02 of 2019
C/W AP.EFA No. 3 of 2019
AP.EFA No. 4 of 2019
ORDER
1. These petitions are filed to execute the award passed
by the Arbitrator. The steps are taken to attach and
sell the properties on the Judgment Debtor. The
Tahsildar, Challakere has submitted a report stating
that the properties which are sought to be attached are
not available.
2. Learned counsel for the petitioner submits that the
petitioner be permitted to withdraw the petition for the
time being with liberty to revive the Execution Petition
after ascertaining the assets of the Judgment Debtor.
3. Submission is placed on record.
4. Petitions are disposed of with liberty to revive the
Execution Petition once the petitioner furnishes the
assets of the Judgment Debtor.
5. It is further made clear that the revival is permitted
provided it is within the period of limitation.
Sd/-
JUDGE
