Authority: Calcutta High Court, Commercial Division

Order Date: 1 October 2026

Case Overview

  • Parties: Imperial Fragnance and Flavours Pvt Ltd (petitioner/award‑holder) vs Padma Perfumery Works (award‑debtor).
  • Consent terms dated 11 April 2025 were recorded in pre‑institution mediation under Section 12A of the Commercial Courts Act, 2015 and have effect of an arbitral award under the Arbitration and Conciliation Act, 1996.
  • Two execution applications were filed:
  • GA‑COM/1/2026 (affirmed 18 June 2026) sought transfer of the consent terms to the City Civil Judge & Sessions Judge (Commercial Court) at Bengaluru; disclosed pending Commercial Execution Case No. 971/2025 before the Bengaluru Commercial Court, filed on 16 June 2026.
  • GA‑COM/2/2026 (affirmed 24 September 2026) identified immovable property of the award‑debtor in Ramanagara, Karnataka and sought execution before the District and Sessions Court, Ramanagara, while also requesting transfer to Bengaluru, but omitted any reference to the pending Bengaluru execution proceeding.
  • The Court noted the discrepancy and cautioned the petitioner to disclose all pending execution proceedings in future applications.
  • Citing Sundaram Finance Ltd. v. Abdul Samad (AIR 2018 SCC 965), the Court reiterated that an arbitral award is a decree and may be executed in any court having jurisdiction over the debtor’s assets without a prior transfer order.

Final Outcome

  • Both GA‑COM/1/2026 and GA‑COM/2/2026 were disposed of on the ground that no order of transfer is required.
  • The petitioner may continue the existing Commercial Execution Case No. 971/2025 before the Bengaluru Commercial Court and may also approach the competent court in Ramanagara for execution against the identified property, provided full disclosure of all pending proceedings.
  • No opinion was expressed on the merits of the claim; the executing court will decide enforceability.
  • Subsequently, learned counsel withdrew the execution petition, and the petition was dismissed as withdrawn.

Topics: Execution of Arbitral Award, Commercial Court Procedure