Judgment

THAKKAR, J.:- Was the High Court right in granting the restraint order earlier, and wrong in vacating the said order later?

2. By the order in question the Respondent, Western Company of North America (Western Company), was restrained from proceeding further with an action instituted by it in a USA Court against the appellant, Oil and Natural Gas Commission (ONGC). The said action was targeted at seeking a judgment from the concerned Court in U.S.A. on the base of an arbitral award rendered by an Umpire in arbitration proceedings held in London but governed by the Indian Arbitration Act, 1940, which was the law of choice of the parties as per the arbitration clause contained in the drilling contract entered into between the parties. The Western Company has moved the USA Court for a judgment in terms of the award notwithstanding the fact that :-

1) ONGC had already initiated proceedings in an Indian Court to set aside the award and the said proceeding was as yet pending in the Indian Court.

2) The said award was not as yet enforceable in India as a domestic award inasmuch as a judgment in accordance with the Indian law had yet to be procured in an Indian Court, by the Western C