BULK TRADING S A Vs. DALMIA CEMENTBHARAT LIMITED

JUDGEMENT

(1.) The present petition has been filed, inter alia for enforcement of the foreign award dated 10.11.2003 passed by the sole Arbitrator Mr Samuel A. Houbold Asq. at London, U.K. in ICC case No. 11881/MS. It is also prayed that the order dated 31.5.2005 passed by Ms Shailender Kaur, Additional District Judge, Delhi in Ex. No. 19/2004 be set aside and that the proceedings pending before the Court of the District Judge, Tiruchirapalli, Tamilnadu be stayed.

(2.) At the outset it must be made clear that the prayers with regard to setting aside the said order of 31.5.2005 and staying of the proceedings before the District Court at Tiruchirapalli cannot be allowed. The former, because this is not an appeal from the said order dated 31.5.005 and, the latter, because the District Court at Tiruchirapalli does not fall within the jurisdiction of this High Court. Thus this petition is to be considered purely from the standpoint of whether the foreign award can be enforced by this Court.

(3.) Under the foreign award dated 10.11.2003 the Judgment Debtor/Respondent is liable to pay to the petitioner/decree holder (1) U.S. $ 36,584.74 plus 4% interest with effect from 1.11.1999 till date of payment; and (2) £14,484.70 plus U.S. $ 21,000 plus 4% interest on both the sums from 10.11.2003 (date of award) till date of full payment.