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2012 Supreme(Del) 2250

S.MURALIDHAR
Fuerst Day Lawson Ltd. – Appellant
Versus
Jindal Exports Ltd. – Respondent


Advocates Appeared:
For the Decree Holder:Mr. Dushyant Dave, Sr. Advocate with Ms. Sangeeta Bharti, Mr. Ashish Kumar, Mr. Vikrant Nagpal, Advocates.
For the Judgement Debtor :Mr. Anil Kher, Sr. Advocate with Ms. Anne Mathew, Advocate.

S. Muralidhar, J.;—

1. These are applications filed by the Judgment Debtor (‘JD’), Jindal Exports Limited (‘JEL’), seeking certain directions in the execution petitions.

2. The background to these applications is that there were two foreign Awards, one dated 13th August 1996 and the other dated 16th October 1996 in favour of the Decree Holder (‘DH’), Fuerst Day Lawson (FDL), a company incorporated in the United Kingdom (‘UK’) and against the JD.

3. The DH filed Execution Petition No.168 of 1998, seeking enforcement of foreign Award dated 13th August 1996 and Execution Petition No.169 of 1998 seeking enforcement of the foreign Award dated 16th October 1996 in this Court on 31st July 1998. In both the execution petitions, on 4th August 1998, an order was passed by this Court, directing issuance of warrants of attachment against the JD in respect of its properties described in the schedules to the execution petitions.

4. The JD filed OMP No.29 of 2003 in Ex.P. No.168 of 1998 and OMP No.204 of 1998 in Ex.P. No.169 of 1998, challenging the enforceability of both the Awards. Both the OMPs were dismissed by a detailed order dated 11th December 2009. The prayer of the DH for award of interest
































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