ORDER

% 29.01.2024

1. Mr. Singh, learned counsel for the judgment-debtor states that he has filed an application under Section 47 read with 151 of CPC seeking dismissal of the present enforcement petition on the ground of lack of territorial jurisdiction vide diary No. 178359 of 2024. The application has been called from the Registry and taken up for hearing. Let it be numbered.

2. The present execution petition has been filed under Section 44 to 49 of the Arbitration and Conciliation Act, 2006 seeking enforcement of the foreign award dated 08.12.2022, which was passed in favour of the decree- holder. The said award has been passed to the tune of USD 146,309,239.27 along with interest at the rate of 5.33% per annum.

3. Vide the application filed by Mr. Singh, learned counsel for the judgment-debtor has raised 3 objections.

4. Firstly, that this Court has no territorial jurisdiction to entertain the execution petition as the sole basis for coming to this Court is given under para 71 of the execution which reads as under:

“71. It is submitted that this Hon’ble Court is the “Court” as defined in the Explanation to Section 47 of Arbitration Act.

This is because, this Hon’ble