O.M.P. No. 389 of 2006

1. This is a petition under Sections 47 and 48 of the Arbitration and Conciliation Act, 1996 (‘Act’) filed by the Petitioner Cinergy Corporation PTE Ltd. (‘Cinergy’) seeking enforcement of Foreign First Tier Arbitration Award No. 3906 dated 11th April 2005 (hereinafter referred as ‘First Tier Award’) and Arbitration Appeal Award No. 927 dated 16th November 2005 (hereinafter referred as ‘Appellate Award’) followed by the Final Foreign Arbitration Award dated 8th May 2006. Cinergy prays inter alia for therealization of the awarded amount from the respondent National Agricultural Cooperative Marketing Federation of India Limited (‘NAFED’) by attachment and sale of NAFED’s properties, both movable and immovable.

2. Upon notice being issued of the petition on 23rd August 2006, NAFED filed objections on 24th January 2007. The present order disposes of NAFED’s objections to the enforcements of the aforementioned Awards.

3. The background to this petition is that on 16th September 2004 an e-mail titled ‘Trade Confirmation’ was sent by Global Commodities (M) SDN BHD (hereinafter referred to as ‘Global’) to Cinergy confirming that the trade mentioned therei