December, 2014.
The award-holder has filed an application for enforcement of a foreign
award in November 13, 2013.
Initially, the execution application ... execution of the foreign award. However, the
enforcement of the foreign award is a step subsequent to acceptance of the
execution application and could
foreign award Section 47 of the Act deals with enforcement of foreign ward.
8(ii). The party proposing to enforce foreign award is required ... available for execution. In other words, the party must separately apply before filing an application for execution of a foreign award. The Arbitration and Conciliation
upon the respondents to
satisfy this Court and to show that the awards in
question are not enforceable as provided under
Section ... contended that this
Court will have to determine whether the awards
which are foreign awards are enforceable and
declare it as decree of this Court
foreign award. The only difference as found is that
while under the Foreign Awards Act a decree follows, under
the new Act the foreign award ... foreign award
is enforceable, it can proceed to take further effective
steps for execution of the same. There arises no question
of making foreign award
enforcement of a foreign
award.
The award debtor has raised a preliminary objection with regard to the
maintainability of this Execution Application on the ground ... enforcement and execution of the award.
This execution was witnessed by Joseph Lopez, a Notary Public of
Singapore.
Upon due execution such Power of Attorney
Anindita Ghose, Advocate
...for the petitioner.
This is an application for execution of a foreign award. The
petitioner has filed three supplementary affidavits to bring
that the award-holder in the meantime could have rectified the said defects
by producing proper certification of the award, the execution application stands ... defects in the future execution application the award-holder shall be
entitled to file an application for execution of the foreign award. It is also
Mudrika Khaitan, Advocate.
The award-holder has filed an application for execution of a
foreign award. Admittedly, the award-debtor has filed a suit
prior ... During
the pendency of the suit, the award-holder commenced the
arbitration proceedings and has filed an application under Section
45 of the Arbitration
application for execution of a foreign
award. The award-holder has filed a duly authenticated copy of the original
award along with a duly certified ... award-holder to serve a copy of the supplementary affidavit upon
Dynametic Oversees Private Limited, which is the present name of the Award-
debtor, proved
Tarun Aich,Advocate
For Respondent: Mr.Sailendra Jain,Advocate
The Court : This application has been filed for return of the
documents pertaining to an immovable ... which is alive
even today. The execution court is hearing the matter regarding the execution of
a foreign award. The property documents are, thus