J.K.Biswas, J. - (1.) The petitioner has filed this application for enforcement of a foreign award. The foreign award dated January 14th, 2002 was made in Korea. This application was filed on July 28th, 2002.
(2.) The respondent has filed opposition dated September 4th, 2002. The petitioner has filed a reply dated September 13th, 2002. It has also filed supplementary affidavits dated September 26th, 2003 and October 23rd, 2003. The respondent has filed a counter affidavit dated November 17th, 2003 to such supplementary affidavits. It has taken the plea that the application is liable to be dismissed for non-compliance with the requirement of section 47(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act"), and in any event, enforcement of the award should be refused on the grounds mentioned in clause (c) of sub-section 1 and clause (b) of sub-section 2 of section 48 of the Act.
(3.) Mr. Mitra appears for the respondent. He submits that the petitioner has failed to comply with the requirement of section 47(2) of the Act. The award was made in a foreign language (in Korean language). The petitioner has not produced a duty certified English translation of the award, as required by section 47(2) of the Act. Under the law in force in India, the person who has certified the English translation of the foreign award in the present case, is not competent to do so.;