P. T. ASHA
Pueblo Holdings Limited – Appellant
Versus
Emirates Trading Agency Llc – Respondent
ORDER :
PRAYER: Execution Petition filed under Order XXI Rule 46 of the Code of Civil Procedure, 1908, for execution of the arbitral award.
The decree holder has filed the above execution proceedings to execute an award that they have obtained against the first respondent by attaching the shares of the 1st respondent which, they would contend, are ostensibly registered in the name of the respondents 3 to 7. It is the case of the Decree Holder that the shares are being held by respondents 3 to 7 for and on behalf of the 1st respondent. As a prelude, the orders passed on various hearing dates are culled out briefly.
2. This execution petition has been instituted in the year 2019. On 28.03.2019, the 3rd respondent had sought time to file a detailed counter to the above execution proceedings. At that point in time, the other respondents had not been served. Although the 3rd respondent had undertaken to file a counter in the above execution proceedings, the said counter has not been filed to date and thereafter, the respondents 3 to 7 had started addressing arguments regarding the maintainability of the petition. On 22.03.2021, the senior counsel who had submitted the arguments was reporte
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Execution proceedings require proper pleadings to challenge maintainability; beneficial ownership must be established for enforcement of an arbitral award.
Foreign award enforceable under Sections 48-49 Arbitration Act is executable as decree; no separate executability test or prior RBI approval under FEMA required; prior objections on compliance/valuat....
Execution of an arbitral award is not maintainable during corporate insolvency proceedings as approved resolution plans render prior claims extinguished.
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Point of law: Arbitral Award - Law permits a litigant to claim reliefs in alternative and merely because a relief claimed in the alternative has been granted cannot come in the way of impugning the d....
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