$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI LIANCHUANG ENTERPRISES PTE LTD THROUGH ITS PARTNER/ AUTHORIZED PERSON GAO LIANLEI .....Decree Holder Through: Mr. Varun K Chopra, Mr. Dipu Kumar Jha & Rahul Tomar Advs. versus VINYL TUBOS PRIVATE LIMITED THROUGH ITS DIRECTORS / AUTHORIZED PERSON .....Judgement Debtor Through: Mr. Tanmaya Mehta, Mr.

Anunaya Mehta, Ms. Anandita Tayal & Mr. Vidhan Malik, Advs.

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 20.02.2026 EX.APPL.(OS) 75/2026 (Seeking extension of time for compliance with order dt. 01.07.2025)

1. The present Application seeks an extension of time to comply with the Order of this Court dated 01.07.2025.

2. The short submission of learned counsel for the Judgment Debtor is that, in terms of Section 49 of the Arbitration and Conciliation Act, 1996, a foreign award is deemed to be a decree of the Court only upon the Court being satisfied that the award is enforceable.

3. Learned counsel for the Judgment Debtor further submits that since the said satisfaction is yet to be arrived at, the award as it stands today, cannot be deemed to be a decree, and thereby there arises no occasion for the triggering of the provisions of Order XXI Rule 41(2) of the Civil Procedural Code, 1908, which provides that it is only when a decree for the payment of money that remains unsatisfied that an affidavit stating the particular assets of Judgment Debtor would require to be filed.

4. Learned counsel for the Judgment Debtor would also rely upon the Judgment passed by the Hon’ble Supreme Court in Union of India v. Vedanta Ltd., [(2020) 10 SCC 1] and in particular para 82 thereof, which is extracted herein below:

“82. A foreign award is not a decree by itself, which is executable as such under Section 49 of the Act. The enforcement of the foreign award takes place only after the court is satisfied that the foreign award is enforceable under Chapter 1 in Part II of the 1996 Act. After the stages of Sections 47 and 48 are completed, the award becomes enforceable as a deemed decree, as provided by Section 49. The phrase “that court” refers to the Indian court which has adjudicated on the petition filed under Section 47, and the application under Section 48. In contrast, the procedure for enforcement of a foreign decree is not covered by the 1996 Act, but is governed by the provisions of Section 44-A read with Section 13 CPC.”

5. Learned counsel for the Decree Holder would request that the present Application be kept in abeyance and that the objections already filed may be taken up for hearing.

6. This Court is of the view that the Board of this Court may not permit an early hearing of the objections that have been raised and, therefore, in view of the position as it exists in law, this Court deems it appropriate to extend the time for compliance with the said directions, till such time, the objections to the Enforcement are not decided upon.

7. List on 07.05.2026.

HARISH VAIDYANATHAN SHANKAR, J.

FEBRUARY 20, 2026/v/her