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2021 Supreme(Del) 929

C. HARI SHANKAR
Reebok International Limited – Appellant
Versus
Focus Energy Limited – Respondent


Advocates appeared:
Rajshekhar Rao, Advocate, Ajoy Roy, Advocate, Shantanu Tyagi, Advocate, Anand Raja, Advocate, Niraj Singh, Advocate, Jayant Mehta, Advocate, Ujjal Banerjee, Advocate, Akash Khurana, Advocate, Svyambhu Talwar, Advocate

JUDGMENT

C. Hari Shankar, J. - EX.APPL.(OS) 760/2021 in O.M.P.(EFA)(COMM.) 2/2021

1. The delay of 56 days in filing reply to EX APPL (OS) 72/2021 is condoned.

2. The reply is taken on record.

3. The application stands disposed of.

EX.APPL.(OS) 72/2021 in O.M.P.(EFA)(COMM.) 2/2021

4. This application, at the instance of the beneficiary of the award, (for the sake of convenience be referred to, hereinafter, as "the award holder"), seeks condonation of delay in preferring OMP (EFA) (COMM) 2/2021, which has been filed for execution of a partial award dated 4th November, 2009 and a final award dated 24th May, 2011, passed by the learned Arbitral Tribunal.

5. The execution petition was filed on 23rd December, 2020, admittedly, within a period of 12 years of passing of the aforesaid partial award as well as the final award of the learned Arbitral Tribunal.

6. By virtue of the judgment of the Supreme Court in Government of India v. Vedanta Ltd. 2020 SCC OnLine SC 749, the limitation for filing of an application for execution/enforcement of a foreign award is required to be reckoned on the basis of Article 137 of the Schedule to the Limitation Act, 1963. Under the said Article, an application for e

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