GIBBS NATHANIEL CANADA LTD Vs. BABU CASHEW INDUSTRIES

JUDGEMENT

(1.) Arbitration Original Suits Nos. 37, 38 & 39 of 1979 on the file of the Sub Court, Kottarakara, were disposed of by a common judgment dated 9-4-1980. The learned Subordinate Judge dismissed all the suits on the short ground that without the original or the authenticated copies of the documents mentioned in S.8 of the Foreign Awards (Recognition and Enforcement) Act, 1961, the suits were not maintainable.

(2.) Sri. P. K. Kurien, the counsel for the appellants, submitted that in the written statements filed by the respondents no contention with respect to the maintainability of the suit on the ground that alongwith the suit the original or the authenticated copy of the award was not produced was raised. He also submitted that in any event the non production of the original award or the fact that it has not been proved that the copy produced was an authenticated one in the manner required by law of the country in which it was made could not constitute a valid ground for the dismissal of the suits.

(3.) Mrs. Usha Sukumaran, the counsel for the respondents, submitted that under S.8 of the Act, the mandatory requirement is that the original award or a copy thereof duly authenticated in the manner required by law of the country in which it was made, shall be produced by the party at the time of the application, and that not having been done, the learned Subordinate Judge was perfectly justified in dismissing the suit.