P&A Law Offices Secures Victory For UpHealth Holdings: Calcutta High Court Passes Interim Order Reinforcing ICC Award
P&A Law Offices Secures Victory For UpHealth Holdings: Calcutta High Court Passes Interim Order Reinforcing ICC Award
P&A Law Offices has secured a significant legal victory for UpHealth Holdings, Inc. in a post-award Section 9 petition at the Calcutta High Court. The court granted interim measures to secure an Award for an arbitration seated outside India, even before the filing of the enforcement petition.
In its order dated April 12, 2024, the Calcutta High Court upheld UpHealth's rights, reinforcing the integrity of international commercial arbitration.
The Calcutta High Court has granted elaborate ad interim directions, calling upon the award debtors to furnish:
i. Affidavits of assets (tangible, intangible, intellectual), properties and bank accounts; and
ii. Affidavits of liabilities, litigation, and total financial exposure to analyse whether the award debtors are in a position to honour the award, in case of a successful enforcement action by UpHealth.
The court underscored the significant role played by the conduct of the award debtors in granting these interim reliefs post-award. Additionally, the court emphasised the importance of securing the award by observing that "ordinarily, every debtor or potential debtor ought to be ready and willing to furnish such information at the post-award stage."
UpHealth Holdings, Inc. was represented by counsel team comprising Mr. Soumendra Nath Mookherjee, Mr. Ratnanko Banerji, Mr. Suddhasatva Banerjee, Mr. Chayan Gupta, and Mr. Anujit Mookherji. Mr. Anirudhya Dutta was the Advocate on Record. The counsel team was briefed by a team from P&A Law Offices, led by Mr. Anand S. Pathak (Managing Partner), and Mr. Vijay Purohit (Partner), assisted by Mr. Shivam Pandey (Principal Associate), Mr. Siddhant Bajaj (Senior Associate), Ms. Shyra Hoon (Senior Associate), Mr. Nav Dhawan (Senior Associate) and, Ms. Astha Ahuja (Associate), who have been instrumental in securing this favourable outcome.
This ruling from the Calcutta High Court underscores the significance of maintaining contractual integrity, thereby fostering a favorable environment for international business transactions.
