YOGESH KHANNA
ALIMENTA S. A. – Appellant
Versus
N. A. C. M. F. OF INDIA – Respondent
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
Rishabh Chand Jain and Another vs. Ginesh Chandra Jain (2016) 6 SCC 675
Kunhayammed & Ors. vs. State of Kerala & Anr. AIR 2000 SC 2587
Central Bank of India vs. Ravindra and Others (2002) 1 SCC 367
Kali Charan Sharma (since deceased) vs. New Okhla Industrial Development Authority 149(2008) DLT 244
Saraswati Construction Co. vs. Delhi Development Authority 2004(2) Arb.LR 429 (Delhi)
Renusagar Power Company Ltd. vs. General Electric Company & Anr. AIR 1985 SC 1156
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