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2023 Supreme(J&K) 388

RAJNESH OSWAL
CRP Food Import-Export Gmbh & Co Kg – Appellant
Versus
Kashmir Kesar Mart – Respondent


Advocate Appeared:
For the Appellant :Mr. Syed Faisal Qadiri, Sr. Advocate with M/S:Salih Pirzada & Sharaf Wani, Advocates.
For the Respondent:Mr. M. I. Dar, Advocate with Mr. Ruaani & Ms. Sana Imam, Advocate.

JUDGMENT :

1. The instant petition has been filed by the petitioner under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”), for enforcement of a foreign award dated 11.02.2015.

2. The respondent has filed the objections, supplementary objections and additional affidavit to object the petition filed by the petitioner.

3. Learned counsel for the respondent has raised a preliminary objection in respect of the maintainability of the present petition on the ground that Part-II the Act of 1996 was never made applicable in the erstwhile State of Jammu and Kashmir, as only Parts I, III and IV of the Act of 1996 were extended to the erstwhile State of Jammu and Kashmir so far as relating to International Commercial Arbitration and Commercial Conciliation. He has further submitted that even if for the sake of arguments it is accepted that Part-II of the Act of 1996 was applicable in the erstwhile State of Jammu and Kashmir, still the petitioner has not complied with the provisions contained in Section 47 of the Act of 1996, as the award is in German language though translated into English but the same has not been certified by the D

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