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2018 Supreme(Mad) 1740

N.SATHISHKUMAR
Perfint Healthcare Pvt. Ltd. , Rep. By its Board of Directors N. Nandakumar Subburaman – Appellant
Versus
California Institute of Computer Assisted Surgery Inc. – Respondent


Advocate Appeared:
For the Applicant :Vinod Kumar, Advocate.
For the Respondent:T. Mohan, R. Anish Kumar, Advocates.

JUDGMENT & ORDER :

1. The applicant/respondent filed these applications for staying all further proceedings in E.P.No.17 of 2017 and to set aside the order dated 14.12.2017 passed by the learned Master in E.P.No.17 of 2017.

2. The respondent is the Decree Holder of Foreign Arbitration Award dated 23.07.2015 passed in ICDR Case No.50-20-1300-1133, by the learned Sole Arbitrator Mr.Paul E.Burns, California, U.S.A., who filed the Execution Petition before the learned Master seeking order to arrest Managing Director or any other Director of the Board of Directors of the Applicant Company for imprisonment in a Civil Prison. Preliminary objection was raised by the applicant before the Execution Court. The award being the foreign award, cannot be executed without satisfying the conditions laid down under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996. Whereas without complying the requirements under Sections 47 to 49 of the Arbitration and Conciliation Act, the petition has been filed as Execution Petition, by surpassing the mandatory requirements to enforce the foreign award. The learned Master by his order dated 14.12.2017 negatived the contention of the applicant and hel






































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