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1982 Supreme(Del) 104

H.L.ANAND
LUDWIG WUNSCHE AND COMPANY – Appellant
Versus
RAUNAQ INTERNATIONAL LIMITED – Respondent


Advocates Appeared:
D.N.GUPTA, G.N.AGGARWAL, GITA SHARMA, S.B.GHOSH

H. L. Anand, J.

( 1 ) THIS application is a sequel to an order made on February 23, 1981 by the Registrar of this Court in Suit No. 113-A/81, and raises a question as to the procedure to be followed in proceedings for the enforcement of a foreign award under the provisions of the Arbitration (Protocol and Convention) Act, 1937 and of the Foreign Awards (Recognition and enforcement) Act, 1961, for short, the Acts of 1937 and 1961 respectively.

( 2 ) LUDWIG Wunsche and Company, a foreign company, applied under the Act of 1961 and/or the Act of 1937 to enforce a foreign award said to have been made on September 5, !979 by three arbitrators, nominated by the Grain and Food Trade Association Ltd. pursuant to an arbitration clause said to have been incorporated in a contract, allegedly entered into between the company and Raunaq International Ltd, an Indian company, defendant no. 1. By its application) the foreign company prayed that "this Hon ble Court may be pleased to direct that the said Award dated the 5th September, 1979 be filed in this Hon ble Court, a decree be made in terms thereof". The original Award and a duly authenticated copy of it, were enclosed with the application as A
















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