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2018 Supreme(SC) 881

ROHINTON FALI NARIMAN, INDU MALHOTRA
SHRIRAM EPC LIMITED – Appellant
Versus
RIOGLASS SOLAR SA – Respondent


Advocates Appeared:
For Appellant(s) : Mr. Snehasish Mukherjee, Adv.
For Respondent(s): Mr. Hiroo Advani, Divyakant Lahoti, Shashank Garg, Amrita Grover, Parikshit Ahuja, Tariq Khan, Advs.

JUDGMENT

R.F. NARIMAN, J.

1. Leave granted.

2. The present appeal arises from the judgment of a Single Judge of the High Court of Judicature at Madras, dated 09.02.2017, in which a petition filed to enforce a foreign award was allowed. Several grounds were taken before the learned single Judge. We are concerned with only one ground that has been argued before us, namely, that as the award has not been stamped, it cannot be enforced under Sections 48 and 49 of the Arbitration and Conciliation Act, 1996 (“1996 Act”).

3. The brief facts that are necessary for determination of the present controversy are as follows: 3.1. An ICC award was delivered in London on 12.02.2015 by Mr. Christopher Style QC in the following terms:

363. After consideration of all the factual and legal submissions which have been presented to me and for the reasons set out in full above, I award, declare and adjudge as follows:

(1) I declare that I have no jurisdiction over the Second and Third Respondents.

(2) I declare that Rioglass is not obliged to issue a Performance Bank Guarantee as provided for in cl






































































































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