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2017 Supreme(Ker) 34

SHAJI P.CHALY
Emmanuel Cashew Industries – Appellant
Versus
Chi Commodities Handlers Inc. – Respondent


Advocates Appeared:
For the Petitioner: Jameson Abraham, Sri. Rajiv Abraham George, Sri. Eapen Abraham George
For the Respondent: Sri. T.R. Aswas

JUDGMENT :

The captioned writ petitions are filed challenging the order of the III Addl. District Judge, Kollam dated 04.10.2016 in E.A.No.69 of 2016 in E.P.No.131 of 2013 and E.A.No.68 of 2016 in E.P.No.129 of 2013 respectively, filed by the petitioners in the writ petitions. The subject matter of the writ petitions are offshoot of execution proceedings of Foreign Arbitration Awards filed under Sec.49 of the Arbitration and Conciliation Act, 1996 [for short, 'Act, 1996']. The execution applications are filed by the judgment debtor under Order XVI, Rule 10 read with Sec.151 of the Code of Civil Procedure, and Rules 3 and 11 of the Kerala Arbitration and Conciliation (Court) Rules, 1997, seeking direction to the Association of Food Industries Inc., USA to produce the entire file relating to the final award dated 07.02.2012 in Arbitration Index #2561 and 2562 respectively, to furnish proof in contemplation of Sec.48 of Act, 1996.

2. The registry of this Court has noted a defect that the challenge is not maintainable under Article 226 of the Constitution of India. However, the petitioners sought the matters to be placed before the Court, on the basis of the judgment of the Apex Court in































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