S. Ravindra Bhat, J.

F.A.O. (O.S.) No. 205/2000:

1. This is an order deciding the reference made to this Court in FAO (OS) No. 205/2000 in view of a difference of opinion between the learned Judges of the Division Bench, on the question of maintainability of the present appeal against the impugned judgment of the learned Single Judge passed under Section 7 of the Foreign Awards (Recognition and Enforcement) Act, 1961. In the opinion of Justice Mukul Mudgal such an appeal is not maintainable, whereas Justice Vipin Sanghi holds otherwise. Both the learned judges agree that the award in issue is a "foreign award".

2. Further to an agreement between the parties, disputes arose. The matter was referred to arbitration. Concededly, the award falls within the description of a foreign award, under Foreign Awards (Recognition and Enforcement) Act, 1961 (hereafter "the Foreign Awards Act"). The respondent, (hereafter "Alimenta") moved this Court for enforcement of the said award, under the Act. The appellant (hereafter called "NAFED") objected to the application, for enforcement. A learned single judge affirmed the award, in Suit No. 1885/1993, through his judgment and order, dated 28th January,