award-holder has filed an application for enforcement of a foreign
award in November 13, 2013.
Initially, the execution application ... foreign award. However, the
enforcement of the foreign award is a step subsequent to acceptance of the
execution application and could
execution application, and described the petitioner of this application as the decree-holder, when the application was not an execution application ... award holder of a foreign award is quite entitled to file an application under them for enforcing the foreign award. He contends
application is filed by the award holder. The said
provisions do not even contemplate two several applications, one deciding
enforceability of foreign award and the other for execution of foreign award. In
this regard the defendant has referred to the following decisions
supra).
It is submitted that the instant application is not an application for
enforcement of a foreign award under Section 48 of the Arbitration ... Conciliation Act, 1996. The instant application for dismissal cannot be used
indirectly for enforcing a foreign award resulting in dismissal of a validly
instituted
respondent that the award sought to be enforced and executed by the petitioner by this application is not a foreign award within ... application the petitioner complied with the necessary requirements of Section 47 of the Act. The application for enforcement and execution of the foreign award
supra).
It is submitted that the instant application is not an application for
enforcement of a foreign award under Section 48 of the Arbitration ... Conciliation Act, 1996. The instant application for dismissal cannot be used
indirectly for enforcing a foreign award resulting in dismissal of a validly
instituted
Foreign Awards (Recognition and Enforcement)
Act, 1961 . A party holding a foreign award was required to
take recourse to these enactments. The Preamble ... unable to accept the
submission that the execution application is not for enforcement
of the foreign award.
Under such circumstances, this application being
application for enforcement of a foreign
award.
The award debtor has raised a preliminary objection with regard to the
maintainability of this Execution ... execution of the award.
This execution was witnessed by Joseph Lopez, a Notary Public of
Singapore.
Upon due execution such Power
execution application to enforce a foreign arbitral award dated 23rd February,
2013, in favour of the petitioner, the judgement debtor has taken various ... application to challenge the award in an English Court, to which such
application necessarily lay.
This award is a foreign award under
Advocate
th
The Court : The execution application was moved on 16 January 2014 for enforcement of
a foreign award. At the time ... award rather than
obstructing its enforcement. Mr. Bose has referred to the earlier Act regarding enforcement of
foreign award, namely Foreign Awards
