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2021 Supreme(Ori) 345

S.MURALIDHAR
Uniexcel Group Holding Co. Ltd. – Appellant
Versus
National Aluminium Co. Ltd. – Respondent


ORDER

1. Heard Mr. D. Panda, learned counsel for the Petitioner M/s. Uniexcel Group Holding Co. Ltd. (UGHCL) and Mr. S. Parekh, learned counsel for the Opposite Party National Aluminium Company Limited (NALCO).

2. NALCO has filed this application under Section 9 of the Arbitration and Conciliation Act, 1996 (in short 'Act') for a direction to UGHCL to deposit the entire amount awarded under the arbitral Award dated 15th July, 2019 in the Registry of this Court as a pre-condition for hearing of the arbitration petition i.e. ARBP No.63 of 2019 filed by UGHCL under Section 34 of the Act and for securing the said amount awarded by the sole Arbitrator in favour of NALCO.

3. The background to the present application is that UGHCL is a company incorporated under the Laws of British Virgin Islands, having its registered office at Fu Hsing North Road Tapiei 10476 Taiwan (Republic of China). A fact, which is not in dispute, is that UGHCL is not operating in India and has no assets in India. Another admitted fact is that along with its petition under Section 34 of the Act i.e. ARBP No.63 of 2019, UGHCL did not file any application under Section 36 (2) of the Act seeking stay of the Award dated 1

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