M/S Larsen And Toubro Limited vs M/S Bangalore Metro Rail Corporation ... on 20
questioning
jurisdiction and maintainability of impugned execution proceedings.
The respondent then files an application in the execution
proceedings seeking disclosure of assets both ... award and is not concerned with execution of the
arbitral award, with the Act, in Section 36 merely providing
for the award
recognize and
declare that the aforesaid award under execution is a foreign
award in accordance with Section 44 of the Arbitration ... suspend the operation of the foreign award and
IA.no.6 to condone the delay in filing the application under
Section
execute
the arbitral award the respondent has filed the execution
proceedings, wherein the application under Section 47 of the CPC
has been filed ... execution of
decree would become applicable in the execution of the
award. Section 36 only creates a fiction that an award
proceedings before the Civil Court in Execution
Case No.35/2022 instituted pursuant to Arbitral Award
passed by the High Court ... election has no
application."
As there is no inconsistency between the two remedies,
execution of the Arbitral award granted by the Court
execution petition by allowing the
application.
3. The DHR has filed objections to above
application, wherein it is averred that, the application
is highly ... apply provisions of Commercial Courts
Act, 2015 to the execution of the foreign award
which was sought to be executed in those cases
SIAC REGISTRY
OF AWARDS AS AWARD NO. 087/2021 (ANNEXURE-A) AND EXECUTE
THE AWARD IN THE EXECUTION PETITION ANNEXED HEREWITH ... signatories to the New York Convention enable
execution of a foreign arbitral award rendered in a
reciprocating country in the event
paid and when the said arbitral award is under
challenge, till those challenge is negatived, the
arbitration award is not enforceable and therefore ... application of the said provision is, existence of a valid
decree or award passed by a competent court which is
enforceable. A foreign award
New India Assurance Co., Ltd., vs Yallavva W/O Yamanappa Dharnakeri on 12 May, 2020
The Oriental Insurance Co Ltd vs Sri K C Subramanyam S/O Lt Chakrapathi on