LAWS(DLH)-2004-12-45

MOTOROLA INC Vs. MODI WELLVEST

Decided On December 02, 2004
MOTOROLA INC Appellant
V/S
MODI WELLVEST Respondents

JUDGEMENT

(1.) This order will dispose of the preliminary issue raised by the judgment debtor, M/s. Modi Wellvest Private Limited (in short hereinafter referred to as 'JD' or 'MWPL') to the effect that the present execution petition to enforce a foreign award against it does not lie within the territorial jurisdiction of this Court and should, be dismissed on this ground.

(2.) The decree-holder, M/s. Motorola, Inc. (in short the 'DH') has moved this Court for an execution/enforcement of a New York Convention award as per Explanation to Section 47 of the Arbitration & Conciliation Act, 1996 (in short the '1996 Act').

(3.) Mr. T.R. Andhyarujina, the learned Senior Counsel, appearing for MWPL has contended inter alia as under: