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2009 Supreme(Del) 1208

VIKRAMAJIT SEN, SUNIL GAUR
Shivnath Rai Harnarain India Company – Appellant
Versus
Glencore Grain Rotterdam – Respondent


ADVOCATES APPEARED:
For the Appellants :Dushyant Dave, Sr. Adv. with Rohit Gandhi, N.N. Aggarwal & Rohit Gandhi, Advocates. Chetan Sharma, Sr. Advocate, with Anshuj Dhingra, Advocates, J.P. Sengh, Sr. Advocate, with Virendra Rawat & Sumit Batra, Advocates.
For the Respondents:Rajiv Nayyar, Sr. Advocate, with Darpan Wadhwa & Vidut Bhatia, N.N. Aggarwal & Rohit Gandhi, Aruradha Dutt with Mr. Anish Kapur, Ms. Ekta Kapil & Mr. Gaurav Chauhan, R1, Sunita Dutt, Advocates, R2, Sudhir Nandarajog, Sr. Advocate, with Mrinal Bharti & Mr. Akhil Anand, Advocates.

Judgment :-

Vikramajit Sen, J.

.1. At the threshold, a preliminary objection has been raised by Mr.Rajiv Nayyar, learned Senior Counsel for the Respondent, to the effect that the present Appeal is not maintainable. The Appeal assails the Judgment of the learned Single Judge enforcing a Foreign Award bearing No.12031A dated 29th July, 1997, passed by London Rice Brokers” Association and further holding that by virtue of Section 49 of the Arbitration and Conciliation Act, 1996 (A&C Act for short) the Award shall be deemed to be a decree of this Court. The impugned Judgment further declares that the Plaintiff/Respondent is entitled to the Award amount together with interest till the date of the Award along with future interest at the same rate, till realisation. Reliance has been placed on Section 50 of the A&C Act which prescribes that an Appeal shall lie from the Order refusing to - (a) refer the parties to arbitration under Section 45; and (b) enforce a foreign award under Section 48, to the Court authorised by law to hear appeals from such order. It proscribes the filing of appeals in all other matters.

2. It is in this context that Section 10(1) of the Delhi High Court Act, 1966 (




































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