( 1 ) THIS order will dispose of the preliminary issue raised by the judgment debtor, M/s. Modi Wellvest Private Limited (in short hereinafter referred to as jd or mwpl ) to the effect that the present execution petition to enforce a foreign award against it does not lie within the territorial jurisdiction of this Court and should, be dismissed on this ground.

( 2 ) THE decree-holder, M/s. Motorola, Inc. (in short the dh ) has moved this Court for an execution/enforcement of a New York Convention award as per Explanation to Section 47 of the Arbitration and Conciliation Act, 1996 (in short the 1996 Act ).

( 3 ) MR. T. R. Andhyarujina, the learned Senior Counsel, appearing for MWPL has contended inter alia as under:

(A) that primarily the DH has filed the execution petition in this Court on the basis that a Shareholder Guarantee, containing the arbitration clause had been executed between the parties at New Delhi. (b) that the primary assets of the MWPL are 51% of the shares of the company Spice, having its registered office in New Delhi where the Register of Shares is maintained. (c) that the execution petition is predicated further on the premise that the bus