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2009 Supreme(Del) 288

RAJIV SAHAI ENDLAW
Daelim Industrial Co. Ltd. – Appellant
Versus
Numaligarh Refinery Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Ashok Sagar, Dharmendra Rautray and R. Vasanth, Advs.
For Respondents/Defendant: Sudhir Chandra, Sr. Adv., Parijat Sinha, Reshmi, T.K. Majumdar, Mrinal Kanti Mandal and Snehasish Mukherjee, Advs.

JUDGMENT

Rajiv Sahai Endlaw, J.

1. Objection of the judgment debtor to the territorial jurisdiction of this Court to entertain this execution petition of an arbitral award dated 23rd September, 2000 as affirmed/modified by judgment dated 6th September, 2007 of the Apex Court in Civil Appeals No. 4079/2007 and 4080/2007 is for consideration.

2. The decree holder filed the execution petition in this Court stating, inter alia, that out of the awarded amounts, a sum of Rs 4,98,97,205/- had been received on 29th February, 2008 as part payment, without prejudice, by the decree holder; that a sum of Rs 34,22,19,014.06 was still outstanding under the award and seeking execution of the award as a decree by issuance of warrants of attachment of the movable and immovable assets of the judgment debtor lying at 6th floor, 15-17, Tolstoy Marg, New Delhi and by attachment of the monies lying in the accounts of the judgment debtor with the State Bank of India, New Delhi Main Branch, New Delhi.

.3. The execution was listed first on 4th July, 2008 when the decree holder was called upon to file an affidavit explaining how this Court has territorial jurisdiction to entertain the execution petition. Th






























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