SHIV NARAYAN DHINGRA
Naval Gent Maritime Limited – Appellant
Versus
Shivnath Rai Harnarain (I) Ltd. – Respondent
The Execution Petitioner/Decree Holder filed this petition/application for enforcement of foreign award dated 22.1.2001 under Part II Chapter I of the Arbitration & Conciliation Act, 1996. Along with the petition, the petitioner has filed a certified copy of the award, a certified true copy of the Charter Party Agreement containing arbitration clause and a certified copy of the notice issued to the respondent at the behest of Counsel for the Petitioner seeking remittance of the amount in terms of the award and an affidavit of the Solicitor of the petitioner to the fact that no appeal has been preferred against the award in the country of its making i.e. England and the limitation for filing appeal against the award expired on 19th February, 2001. The Judgment Debtor/respondent put appearance in the Court on 5th November, 2007 when the matter was taken up by the Court. The respondent sought time to file response to the Execution Petition of the petitioner however, despite repeated opportunities no application under Section 48 of the Arbitration & Conciliation Act, 1996 was filed nor the response was filed to the Execution Petition. The matter was ultimately fixed for a
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