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2016 Supreme(SC) 766

DIPAK MISRA, C.NAGAPPAN
Arun Dev Upadhyaya – Appellant
Versus
Integrated Sales Service Ltd – Respondent


JUDGMENT :

Dipak Misra, J.

Aggrieved by the order dated 23.06.2016 passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in C.A.M. No. 34 of 2016 in Arbitration Appeal No.3 of 2016 rejecting the preliminary objection raised by the appellant and further being dissatisfied with the order dated 15.07.2016 expressing disinclination to entertain the Civil Miscellaneous Application (Review), the present appeals, by special leave, have been preferred for annulling the same.

2. The facts which are relevant to be stated for adjudication of the appeals are that an award was passed in favour of the 1st respondent in ICDR Case No. 50-181-T-00327-09 by the International Arbitration Tribunal (for short, “the tribunal”) making the appellant the DMC Management Consultants Limited and another jointly and severally liable to pay USD 6,948,100 within ten days from the date of passing of the award.

3. It is the case of the respondent that the international arbitration award had attained finality as the appellant herein had not challenged it under Delaware Law which is the applicable law. On 29.04.2010, the 1st respondent filed an application under Sections 47 and 49




























































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