VIKRAMAJIT SEN, SUNIL GAUR
Shivnath Rai Harnarain India Company – Appellant
Versus
Glencore Grain Rotterdam – Respondent
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 (
Cref Finance Ltd. v. Puri Construction AIR (2001 Delhi 414: 2001 (60) DRJ 85(DB)
Nirma Ltd. v. Lurgi Lentjes Energietechnik GMBH 2002 (5) SCC 520
P.S. Sathappan v. Andhra Bank Ltd. (2004) 11 SCC 672: AIR 2004 SC 5152
Rajan Worlikar v. State of Karnataka AIR 2001 SC 2303
The East India Hotels Ltd. v. Jyoti Pvt. Ltd. 1996 III Apex Decision (Delhi) 242 1996 (36) DRJ 706 .
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.