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2023 Supreme(Del) 5054

YASHWANT VARMA
Nuovopignone International SRL – Appellant
Versus
Cargo Motors Private Limited – Respondent


Advocates appeared:
Mr. Jayant Mehta, Senior Advocate with Mr. Abhijnan Jha, Ms. Bhagya Yadav, Ms. Sadhvi Chhabra and Mr. Srikar, Advocates, for the Decree Holder.
Mr.Varun K. Chopra, Mr. R.V. Prabhat, Ms. Mehul Sharma, Mr. Dipu Kumar Jha, Advocates, for the Judgement Debtors.

ORDER

Yashwant Varma, J.

EX. APPL. (OS) 3525/2022 (Direction)

1. The Court by means of the present order proceeds to dispose of the objections which have been preferred by the respondents in the present enforcement petition. The petition itself has come to be preferred for enforcement of a Foreign Consent Award dated 05 October 2020 in ICC Arbitration No. 24918/GR [Award]. The enforcement is opposed by the respondents who in terms of Section 48 of the Arbitration and Conciliation Act, 1996 [the 1996 Act] contend that the Award having been passed upon consent is not one which is enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards [New York Convention/Convention]. It is additionally contended that since the Award itself is an outcome of economic duress and therefore contrary to public policy of India, it should not be recognised as being capable of being enforced under the 1996 Act. For the purposes of adjudging the objections which have been raised, the following essential facts may be noticed.

2. The enforcement petitioner and respondent no. 2 entered into an Equipment Purchase Agreement [EPA] for the sale of Steam Turbine Generator Packa

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