JUDGMENT

VIBHU BAKHRU, J EA(OS) 713/2015

1. GEA EGI Contracting Engineering Co. Ltd. (hereafter 'GEA'), a company incorporated under the laws of Hungary and having its principal office at Hungary, has filed the present petition to enforce an arbitration award dated 21.08.2014 (hereafter 'the impugned award') rendered by an Arbitral Tribunal in respect of the disputes between GEA and Bharat Heavy Electricals Limited (BHEL), a Government company incorporated under the laws of India. The seat of arbitration was in Zurich, Switzerland and the arbitration was conducted in accordance with the UNCITRAL Rules.

2. BHEL has filed the aforementioned application (being EA (OS) 713/2015) under Section 48 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, objecting to the enforcement of the impugned award principally for two reasons. First, that BHEL has instituted a suit - Suit No. 878/2014 (hereafter 'Noida Suit') - before the Civil Judge, Senior Division, Gautam Budh Nagar, inter alia, praying for a mandatory injunction restraining GEA to enforce the compliance of the impugned award; and second, that the impugned award is contrary to the public policy of India as,