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2010 Supreme(Del) 381

MADAN B.LOKUR, MUKTA GUPTA
JINDAL EXPORTS LTD. – Appellant
Versus
FURRST DAY LAWSON – Respondent


Advocates Appeared:
Mr. Mukul Rohtagi and
Mr. S.K. Bagaria, Sr. Advocates
Mr. Ramesh Singh, Mr. P.S. Sudheer &
Ms. Anne Mathew, Advocates
Mr. Ramji Srinivasan, Sr. Advocate
Ms. Sangeeta Bharti, Ms. Nidhi
Mr. Ashish Kumar, Advocates

JUDGMENT

The question for our consideration is rather narrow: Is an appeal under Clause 10 of the Letters Patent (as applicable to the Delhi High Court) maintainable against an order enforcing a foreign award (within the meaning of Sections 44 and 47 of the Arbitration and Conciliation Act, 1996 and Article II of the New York Convention)? The question is required to be answered in the context of Section 50 of the Arbitration and Conciliation Act, 1996 and, in our opinion, the answer is in the negative. For this conclusion, we rely upon a four-Judge decision of the Supreme Court in Union of India v. Mohindra Supply Co. AIR 1962 SC 256 and a Constitution Bench decision in P.S. Sathappan v. Andhra Bank Ltd., (2004) 11 SCC 672.

2. The broad facts of the case are that two foreign awards were rendered in favour of the Respondent on 30th August, 1996 and 16th October, 1996. The Respondent moved execution petitions under the provisions of the Arbitration and Conciliation Act, 1996 (the Arbitration and Conciliation Act) for their enforcement, while the Appellant challenged their enforceability. By a judgment and order dated 11th December, 2009 a learned Single Judge directed the enforceme


















































































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