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2014 Supreme(Bom) 1751

ROSHAN DALVI
S. A. Vitol – Appellant
Versus
Bhatia International Limited – Respondent


Advocates Appeared:
For the Applicant :Aspi Chinoy a/w. Sunip Sen, Shivkumar Iyer, Aditya Krishnamurthy, Ms. Ramya Dharmaraj i/b. M/s. Bose & Mitra & Co., Advocates.
For the Respondent:R1, R2, R3, R4, Ashok Kumar Singh, Pradeep Sancheti, Sr. Counsel a/w. Hemant Telkar i/b. Haresh Mehta & Co., Advocates.

Judgment :

1. The Applicant is the Award Holder. The applicant has sought execution of the award against the claimant who is the Award Debtor in the above arbitration. The name of the award debtor has been amended in the arbitration. The award debtor was one Bhatia International Ltd (BIL). The award debtor shall be referred to as BIL despite the amendment as it has been so referred to in the award. The applicant shall be referred to as Vitol as it has been referred as such in the award.

2. Vitol has sought to execute the award dated 17th January, 2011 as a Foreign award. The execution application has been taken out on 17th March, 2011, two months after the date of the award.

3. Vitol has taken out the above notice under the provisions of Order 21 Rule 22(b) of the CPC as the execution of the award is filed under the provisions of Section 44A of the CPC; the award having been passed by the arbitral tribunal in reciprocating territory being London, UK.

4. Vitol has taken out this application under the provisions of Section 47 of the Arbitration and Conciliation Act, 1996 (the Act) for enforcement of the Foreign award (award) dated 17th January, 2011. BIL has applied for refusal of the


































































































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