The judgment-debtor is the applicant.

1. The judgment-debtor has filed this application ostensibly under Section 48 of the Arbitration and Conciliation Act, 1996 but essentially for having a ‘second look’ at the foreign award, notwithstanding an earlier order dated 4th September, 2014, by which the question of maintainability including enforceability of the foreign award was decided.

2. The earlier challenge was oral.

3. This time an application has been filed disclosing further grounds of challenge to the enforceability of the award. The present application highlights a cosmetic difference between the expression “maintainability” and “enforceability” used in the order dated 4th December, 2014.

4. The award-holder has filed an application for enforcement of a foreign award in November 13, 2013.

5. Initially, the execution application was not accompanied by the original award and a certified copy of the agreement for which a leave was given to the decree-holder to produce the said documents, pursuant thereto on 16th January, 2014, the original award and a certified copy of the agreement were produced in Court. Justice I.P. Mukerji by an order dated 16th January, 2014 recorded t