POL INDIA PROJECTS LIMITED AND ORS. Vs. AURELIA REEDEREI EUGEN FRIEDERICH GMBH SCHIFFAHRTSGESELLSCHAFT & COMPANY KG AND ORS.

JUDGEMENT

(1.) THE petitioners in Arbitration Petition No. 76 of 2012 which is filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short the said Arbitration Act) have impugned the final arbitral award dated 15th September, 2010 and seeks a declaration that there was no valid arbitration agreement between the parties. The petitioners in the said arbitration petition were the original respondents in the arbitral proceedings whereas the respondents i.e. POL India Projects Limited were the original claimants. For the sake of brevity in this order M/s. POL India Projects Limited are described as the petitioners and Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company KG, is described as the respondents.

(2.) IN so far as Arbitration Petition No. 12 of 2012 is concerned, the said petition has been filed under sections 44 to 48 of the said Arbitration Act inter alia praying for a declaration that the foreign award dated 15th September, 2011 is enforceable as a decree of this court and seeks injunction restraining the respondent, its servants and/or agents and/or assigning from transferring, utilizing, operating and removing in any manner, funds lying in its bank accounts in Mumbai and elsewhere in India to the extent of USD 870,059.24 and GBP 13,400 and for other reliefs. By consent of parties, both the petitions were heard together and are being disposed of by a common order.

(3.) AURELIA Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company KG had entered into a voyage charter party dated 13th September, 2008 with one D.B. Shipping LLC, a company incorporated under the laws of UAE having its office at Dubai.