Common Judgment: (D. Murugesan, J.)

The unsuccessful petitioner in both the Review Application and Original Petition before the learned single Judge viz., the Tamil Nadu Electricity Board is the Appellant in these appeals.

2. The following points arise for consideration in these appeals

.(1) Whether the award under challenge is a foreign award or domestic award?

.(2) Whether the Original Petition filed under Section 34 is maintainable if the award is a foreign award?

.(3) Whether the petition filed under section 48 for enforcement of a foreign award is maintainable before this Court?

.(4) Whether an appeal is maintainable against the award passed under Section 48 of The Arbitration and Conciliation Act, 1996?

3. The following few facts are necessary for consideration of the above questions:

.(a) The Tamil Nadu Electricity Board (herein after referred to as "the Board") initiated North Madras Thermal Power Project (NMTPP). The said project was to be implemented in three stages. The Board itself completed the Stage-I. Initially, the Board decided to undertake Stage-II as well and leaving the execution of Stage-III for private promoters. Later on, it was decided by t