JUDGMENT - (1) The petitioner is a national of Italy. He carries on business under the name and style of Messrs. Francesco Corsi. The respondents are a firm, the partners whereof are citizens of India. The respondents carry on business interalia of import and export at Choksi Chambers, Sheikh Memon Street, Bombay. By three contracts in writing the respondents agreed to sell to the petitioner 300 tons of Indian crude groundnut oil in aggregate. 100 tons being agreed to be sold under each of the aforesaid contracts on the terms and conditions set out in those contracts. One of the terms of each of the said contracts is as follows:

"All other terms and conditions as per London L. O. T. T. A. contract (that is, "London Oil and Tallow Trade Association Contract.")".

One of the terms of the said London Oil and Tallow trade Association contract is as follows:

"(15). Any dispute arising out of this contract shall be settled by arbitration in London in accordance with the Rules endorsed on this contract." The petitioner contended that the respondents had failed to supply the goods agreed to be sold by them to the petitioner under each of the aforesaid contracts and committed a breach of the said contracts. the matter was referred to arbitration in London in accordance with the rules endorsed on the standard from of the contract of the London Oil and Tallow Trade Association. The petitioner obtained an award in his favour on 23-2-1953 for ...3711-15-3. The petitioner has filed the present petition praying that the said award may be ordered to be filed in this Court and that judgment may be propounded and a decree may be passed according to the said award. The respondents have resisted that application and have raised numerous contentions. As the respondents contended that there were several issues which were liable to be tried as preliminary issues, the matter was placed on board for raising issues and for determining which of those issues should be tried as preliminary issues, the matter was placed on board for raising issues and for determining which of those issues should be tried as preliminary issues and for trying such preliminary issues.

After the issues were raised in this case, the parties agreed that four issues should be tried as preliminary issues. Those issues are as follows:

(1) Whether the Arbitration (Protocol and convention) Act of 1937 under which the petitioner has filed the application has any force in India after 26-1-1950.

(2) If the answer to issue No. 1 is in the negative, whether this Honourable Court has jurisdiction to entertain the application.

(3) Whether the said award is a foreign award within the meaning of the said Arbitration (Protocol and Convention) Act, and

(4) Whether the application is barred by the law of limitation.

(2) It was strenuously contended on behalf of the respondents that the Convention on the Execution of Foreign Arbitral Awards had not been duly signed on behalf of India so as to bind the Government of India after India attained independence. The matter was adjourned from time to time in order to enable the respondents to get whatever evidence they desired in the matter. They are, however, not in a position to show that the Convention had not been duly signed or that the Convention is not binding on the present Government of India.

(3) India is a State signatory to the Protocol on Arbitration Clauses and to the Convention on the Execution of Foreign Arbitral Awards. In order to give effect to the said Protocol and of enabling the said Convention to become operative in India the Indian legislature passed the Arbitration (Protocol and convention) Act VI of 1937. In the preamble to the Act, it has been recited as follows:

"Whereas India was a State signatory to the Protocol on Arbitration Clauses set forth in the First Schedule and to the Convention on the Execution of Foreign Arbitral Awards set forth in the Second Schedule, subject in each cse to a reservation of the right to limit its obligatio

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