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2018 Supreme(Del) 2925

YOGESH KHANNA
ALIMENTA S. A. – Appellant
Versus
N. A. C. M. F. OF INDIA – Respondent


Advocate Appeared:
For the Decree Holder :Mr.Arvind K Nigam, Sr Advocate with Mr.Shailendra Swarup, Ms.Bindu Saxena, Ms.Aparajita Swarup, Mr.Mikhil Sharda and Mr.Mehtaab Singh Sandhu, Advocates.
For the Judgment Debtor :Mr.A.K.Thakur, Mr.Aaditya Vijay Kumar, Mr.Anurag Tiwari and Ms.Akshita Katoch, Advocates.

JUDGMENT :

YOGESH KHANNA, J.

EA (OS) No.392/2017

1. The decree holder moves this application under Order XXI read with Section 151 CPC for direction to the judgment debtor to deposit the decretal amount with interest.

2. The following are the relevant facts for determining this application:-

(a) on 13.02.1981 the decree holder invoked arbitration to be held in London under FOSFA (Fats, Oils, Seeds & Fats Association) Rules as disputes had arisen between the parties consequent to default by the judgment debtor in effecting supplies under the contract dated 12.01.1980;

(b) on 15.11.1989 the original arbitral award was passed. The relevant extract of the award is as under:-

“We AWARD that Sellers shall pay to Buyers within 14 days from the date of this award the sum of US$4,681,000 (Four million six hundred and eighty one thousand United States Dollars) being the difference between the contract price of US$765 per metric tonne plus US$15 per metric tonne for double bags and the settlement price US$2275 plus US$15 per metric tonne for double bags and damages with interest thereon at the rate of 10.5% from 13 February 1981 to the date of this award.”

(c) on 13.05.1990 judgment debtor preferred















































































































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