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2008 Supreme(Del) 669

A.K.SIKRI
NATIONAL ABILITY S. A. – Appellant
Versus
TINNA OIL & CHEMICALS LTD. – Respondent


Advocates appeared:
Mr. Arvind Nigam, Ms. Purnima Maheswari - Petitioner.
Mr. Ajay Kr. Agrawal, Ms. Alka Agrawal, Ms. Anamika Agrawal - Respondent.

JUDGMENT

A. K. SIKRI, J.

The petitioner had, by a Charter Party dated 29.4.1995, on a Gencon form, chartered the vessel "AMAZON REEFER" to the respondent No. 1 herein for a voyage from Kandla to Novorossiysk. The said charter party contained the terms and conditions on which the vessel was chartered. It also contained an arbitration agreement in Clause 29 thereof which, inter alia, provided that in the event of disputes between the parties, the same could be settled through arbitration in London according to English Law. Disputes and differences arose between the parties and, accordingly, the matter was referred to arbitration in London. The said Arbitral Tribunal, which comprised of three arbitrators, has given award dated 19.11.1998.

The petitioner herein had initially filed a suit for enforcement of this award. However, realizing that no such suit is required to be filed inasmuch as such an award, even when it is a foreign award, is enforceable and executable under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act'), the petitioner filed the present execution petition and withdrew the suit, being Suit No. 740A/1999. The petitioner stated that the






















































































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