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may 1963

Supreme Court of India · 1963-05-10

BADAT AND CO. vs EAST INDIA TRADING CO.

Citation / case number
SC 1961/271
Court
Supreme Court of India
Petitioner
BADAT AND CO.
Respondent
EAST INDIA TRADING CO.
Author
K. SUBBARAO
Bench
K. SUBBARAO

Judgment text excerpt

The Supreme Court held that foreign awards and judgments based on such awards are enforceable in India under the Arbitration Protocol and Conventions Act, 1937, and on the same grounds as in England, emphasizing justice, equity, and good conscience. The Court affirmed the Bombay High Court's decision that the suit was not maintainable on the foreign judgment but was maintainable on the awards, as part of the cause of action arose in Bombay. The ruling clarified that a foreign award must satisfy the tests applicable to the enforcement of foreign judgments, creating a contractual obligation from arbitration submission.

BADAT AND CO. vs EAST INDIA TRADING CO. · Niyam