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2023 Supreme(Online)(Bom) 1239

HIGH COURT OF BOMBAY
Manish Pitale, J
Arbaza Alimentos Ltda – Appellant
Versus
MAC Impex and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Chaitanya B. Nikte, Mr. Hitanshu S. Jain, Mr. Prajit S. Sahane
For the Respondents: Mr. Mahesh Vaswani, Ms. Shreya Tiwari, Ms. Sheetal Patkar, Mr. Sunil Behal, Mr. Ashutosh Shukla, Ms. Priyali Chavan, Ms. Dharini Nagda

Table of Content
1. petitioner seeks enforcement of a foreign arbitral award. (Para 1 , 2 , 3 , 4)
2. court's jurisdiction and its obligations under section 48. (Para 13 , 25 , 26)
3. petition allowed; foreign arbitral award enforceable. (Para 36)

ORDER :

. The petitioner is seeking enforcement of foreign arbitral award dated 24.09.2020, passed by a learned sole arbitrator, who was appointed by the Grain and Feed Trade Association (GAFTA), with the arbitration being held in the United Kingdom (UK). It is an admitted position that the respondents did not challenge the said arbitral award on merits before the competent courts in UK.

2. The petitioner is a company registered under the laws of Brazil and it is engaged in the business of export of various agricultural products to number of countries including India. Respondent No.1 is a partnership firm registered in India, engaged in the business of trading, including import / export of agricultural products. Respondent Nos.2 to 4 are the partners of respondent No.1 firm. The respondents are resisting enforcement of the aforesaid foreign arbitral award on various grounds. Before referring to the said grounds, it would be appropriate to first

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