NUMALIGARH REFINERY LTD Vs. DAELIM INDUSTRIAL CO. LTD

JUDGEMENT

(1.) THIS Appeal under Order XXI read with Section 10 of the Delhi High Court Act, 1966 is directed against the order dated 29.7.2009 passed in Execution Petition No.242/2008 and order dated 7.8.2009 passed in E.A. No.415/2009 in Execution Petition No.242/2008.

(2.) SHORN of unnecessary details, the facts are that an award dated 23rd September, 2000 was made in the dispute between the Decree Holder (Respondent herein) and the Judgment Debtor (Appellant herein). The Arbitrators by a majority of 2:1 awarded the following sums to the Respondent:-

(3.) ON 10.1.2001, the Appellant filed an application (being Misc. Arbitration No.1 of 2001) under Section 34 of the Arbitration and Conciliation Act, 1996 in the Court of the District Judge, Golaghat. The learned District Judge vide his judgment passed on 7.11.2001 set aside the award dated 23.9.2000. In 2002, the Respondent filed an appeal in the Guwahati High Court against the judgment dated 7.11.2001 passed by the learned District Judge. The Hon'ble Guwahati High Court vide its judgment dated 24.8.2006 allowed the appeal in part upholding the award of the Arbitral Tribunal except so far as it related to countervailing duty to the extent of Rs. 8.78 Crores. The consequence of the said impugned judgment was that the award of the Arbitral Tribunal aggregating to the amount of Rs. 20.98 Crores was upheld. Being aggrieved by the said judgment, the Appellant filed a Special Leave Petition, being SLP(C) No.20989/2006. On 11.12.2006, the Respondent also filed a SLP, being SLP(C) No.4409/2007 against the said judgment dated 24.8.2006.