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2012 Supreme(Del) 3329

SANJAY KISHAN KAUL, VIPIN SANGHI
Cinergy Corporation PTE. Ltd. – Appellant
Versus
National Agricultural Co-operative Marketing Federation of India Ltd. – Respondent


Advocates Appeared:
Mr. D.K. Agarwal, Senior Advocate with Mr. Suryakant Singla and Ms. Shagun Bhatnagar, Advocates for Appellant.

Vipin Sanghi, J.

C.M. No. 19921/2012 (exemption)

Exemption is allowed, subject to all just exceptions.

FAO(OS) No. 572/2012

1. The appellant by the present appeal seeks to assail the common order passed by the learned Single Judge in O.M.P. No. No. 389/2006 and 243/2008. The appellant- Cinergy Corporation PTE. Ltd. preferred a petition, being O.M.P. No. 389/2006, under Sections 47 and 48 of the Arbitration and Conciliation Act, 1996 (the Act) to seek enforcement of the Foreign First Tier Arbitration Award No. 3906 dated 11.04.2005 (the `First Tier Arbitration Award') and Arbitration Appeal Award No. 927 dated 16.11.2005 (the `Appellate Award') followed by the Final Foreign Arbitration Award dated 08.05. 2006 (the `Foreign Award') wherein the appellant sought to realize the amount awarded in its favour against the respondent - National Agricultural Co-operative Marketing Federation of India Limited (`NAFED'). Upon issuance of notice, in the said petition of the appellant, the respondent NAFED preferred objections under Section 48 of the Act, being O.M.P. No. 243/2008. By the impugned judgment, the learned Single Judge has allowed those objections of the respondent NAFED and concluded th

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