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2017 Supreme(Del) 1113

VIBHU BAKHRU
CRUZ CITY 1 MAURITIUS HOLDINGS – Appellant
Versus
UNITECH LIMITED – Respondent


Advocates Appeared:
For the Decree Holder : Mr. Ciccu Mukhopadhaya with Mr. Ritin Jai, Mr. Rajeshkhar Rao, Mr. Abhijeet Sinha, Ms. Zehra Khan, Mr. Varun Mishra, Ms. Rashmi Gogoi and Mr. Aabhas Khetrapal.
For the Judgment Debtor : Mr. P. Chidambaram with Mr. Rishi Agrawala, Mrs. Misha R. Mohta, Mrs. Aayushi S. Khazanchi and Mr. Jaswinder Singh.

JUDGMENT :

VIBHU BAKHRU, J.

1. Cruz City 1 Mauritius Holdings (hereafter ‘Cruz City’), a company established under the laws of Mauritius, has filed the present petition for enforcement of a foreign award dated 06.07.2012 (hereafter ‘the Award’). The Award was rendered by an Arbitral Tribunal constituted under the Arbitration Rules of the London Court of International Arbitration pursuant to a request for arbitration filed by Cruz City with the London Court of International Arbitration (LCIA) in respect of disputes arising out of an agreement captioned as Keepwell Agreement dated 06.06.2008 (hereafter ‘the Keepwell Agreement’). The Keepwell Agreement was entered into between Cruz City, Burley Holdings Ltd. (hereafter ‘Burley’), a wholly owned subsidiary of Unitech Ltd. incorporated under the laws of Mauritius and Unitech Ltd. (hereafter ‘Unitech’), a public company incorporated in India.

2. Unitech has opposed the enforcement of the Award essentially on three grounds. First, it alleges that the Award includes a decision on matters beyond the scope of submission to arbitration; se














































































































































































































































































































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