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2017 Supreme(Del) 516

VIBHU BAKHRU
FALCON PROGRESS LTD. – Appellant
Versus
SARA INTERNATIONAL LTD. – Respondent


Advocates Appeared:
For the Decree Holder : Ms Niyati Kohli and Ms Gunika Gupta.
For the Judgment Debtor :Mr Sandeep Sethi, Sr. Advocate with Ms Anuradha Mukherjee, Ms Jyoti Dastidar, Ms Shikha Tandon and Ms Shreya Som.

JUDGMENT :

VIBHU BAKHRU, J.

EX.APPL.(OS) 582/2014

1. The above captioned petition has been filed by Falcon Progress Limited (hereafter 'FPL'), a company registered under the laws of Hong Kong, for enforcement of the foreign award dated 22.11.2012 as corrected by the award dated 21.12.2012 (hereafter 'the impugned award'). The impugned award was rendered by the sole arbitrator pursuant to arbitration proceedings conducted under the rules of Singapore International Arbitration Centre (SIAC) in respect of disputes between FPL and Sara International Ltd. (hereafter 'Sara'), the Judgment Debtor.

2. Sara has filed the present application under Section 48 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') inter alia praying that enforcement of the impugned award be declined.

3. In the present application, Sara has pleaded that the recognition and enforcement of the impugned award be declined on several grounds; but, Mr Sethi, learned senior counsel appearing for Sara has broadly canvassed only two reasons in support of the relief sought.

4. First of all, he submitted that there was no agreement between FPL and Sara and, therefore, the impugned award could not be enforced as a f




























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