LAWS(CAL)-2007-5-22

LMJ INTERNATIONAL LTD Vs. SEA STREAM NAVIGATION LTD

Decided On May 08, 2007
LMJ INTERNATIONAL LTD. Appellant
V/S
SEA STREAM NAVIGATION LTD. Respondents

JUDGEMENT

(1.) THE above appeal has been preferred against a judgment and order dated 17th September, 2003 passed by a learned single Judge in Execution Case No. 28 of 2003 whereby and whereunder the learned Judge has granted reliefs in terms of prayers in column 10 of the Tabular Statement enforcing a foreign award under the provisions of Section 49 of the Arbitration and Conciliation Act, 1996 (hereinafter referred in short as the said Act ). This appeal was admitted by a judgment and order dated 19th September, 2003 by the division Bench of this Court presided over by the Hon'ble Mr. Justice D. K. Seth and the Hon'ble Mr. Justice R. N. Sinha (as their lordships then were) subject to the question of maintainability and preliminary objection. By this order no formal paper book was asked to be filed dispensing with other formalities and treating the application as informal paper book, however, liberty was granted to include additional papers in the informal supplementary paper book. The judgment and order together with other documents have been included in the informal supplementary paper book subsequently.

(2.) AS usual, learned counsel, Mr. S. N. Mukherjee, Senior Advocate, appearing for the appellant, has taken up the preliminary point of maintainability. He urges that the order impugned is not an appealable one in view of the specific provision made in Section 50 of the said Act which is set out hereunder :

(3.) IN this case admittedly foreign award has been enforced by way of execution under the provision of Section 48 read with section 49 of the said Act. From the plain reading of the aforesaid appellate provision (Section 50) it is clear that the nature of the order is such that the same is not appealable. He says that the situation would have been otherwise if the case was a reverse one meaning thereby that the application for execution had been refused.