available for execution. In other words, the party must separately apply before filing an application for execution of a foreign award ... foreign awards. As per Section 49 , if the Court is satisfied that a foreign award is enforceable under this Chapter, the award
Decree Holder made
an application on 23.07.2015 to transfer the
certified copy of entire Execution
Application including the Foreign Award dated ... Certified copy of
the Execution Application No.240 of 2011
including the Foreign award dated 17.01.2011,
Order of the Bombay High Court dated
Limitation Act specifically for making an
application for execution of a foreign Award which
is capable of being converted into a decree ... such an application
would be governed by the residuary Article 137
and therefore, an application for execution of a
foreign Award which
awards as
foreign awards before the District Court at
Gandhidham which came to be registered as Special
Execution Petitions ... have candidly submitted that these applications
are filed for execution of foreign awards under
the provisions of the Act and therefore, this
Court
foreign awards, every arbitral award made in a country to which one of the two international Conventions relating to foreign arbitral awards ... presumption about enforceability and binding effect of foreign award. It says that any foreign award which is enforceable shall be treated as binding
Foreign Awards (Recognition and Enforcement) Act, 1961 . A
party holding a foreign award was required to take recourse
to these enactments. Preamble ... foreign awards. As
per Section 49, if the Court is satisfied that a foreign award is
enforceable under this Chapter, the award
Part-I itself has no application to a
Foreign Award, Section 42 of the Act would have no
application either. This view ... since Part I itself had no application to a Foreign Award,
Section 42 would have no application. This view of the
Bombay High Court
Galatea Ltd vs Shree Krishna Exports on 24 December, 2021
Author: J. B. Pardiwala
Bench
2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (OJ) NO. 53 of 2016
==========================================================
DHANYA AGROINDUSTRIES PVT. LTD....Applicant(s)
Versus ... 2016
ORAL ORDER
This application is filed for the purpose of execution
of arbitration award dated 4.9.2015 as amended by order
dated
cannot be read to apply Civil Procedure Code for the purpose of execution.
30. If we accept the contention raised by Mr. Mehta, then ... amount or implementation. Despite punishment for the contempt, the award remains unimplemented and an award on paper. This can never be the intention
