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2023 Supreme(Del) 4247

REKHA PALLI
Oil Industry Development Board – Appellant
Versus
Godrej And Boyce Mfg. Co. Ltd. – Respondent


Advocates appeared:
Mr. Tushar Bhardwaj, Advocate, for the Petitioner.

JUDGMENT

Rekha Palli, J. (Oral)--The present revision petition preferred by the Judgment Debtor seeks to assail the order dated 10.03.2023 passed by the learned Executing Court. Vide the impugned order, the learned Executing Court has rejected the petitioner's application under Section 47 of the Code of Civil Procedure (CPC) seeking dismissal of the execution petition preferred by the respondent seeking enforcement of arbitral award dated 30.01.2012.

2. Learned counsel for the petitioner submits that vide award dated 30.01.2012, the arbitral tribunal, while allowing the claims of the respondent, had rejected the counter claims preferred by the petitioner. The said award was assailed by the petitioner by way of a petition under Section 34 of the Arbitration and Conciliation Act being OMP 601/2012. The petition came to be allowed by this Court on 16.09.2019 by rejecting the petitioner's challenge to the award in so far as it allowed the claims of the respondent but accepted the petitioner's challenge to the rejection of its counterclaim. Consequently, the award was, vide this Court's judgment dated 16.09.2019, modified. By placing reliance on the decision of the Apex Court in The Pro

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