PENIEL CASHEW COMPANY Vs. M/S. AHCOM SARL

JUDGEMENT

(1.) This is a petition filed under Art.227 of the Constitution of India. The petitioners herein are the respondents and the respondent herein is the petitioner in E. A. 267/2016 in E. P. 97/2013 on the files of the II Additional District Court, Kollam. The challenge is against the order passed by the Court below in E. A. 267/2016, dated 23rd Sept., 2017.

(2.) Shorn of unnecessary details, the facts necessary for disposal of this petition are as follows:

(3.) The question to be considered by this Court is whether the above said order will sustain. Admittedly, the respondent is a foreign award holder. Part I of the Act ordinarily will not be applicable in a foreign arbitration. Surely, after the amendment brought by the Act 3 of 2016, in the case of foreign award also S.9, S.27 and Clause (a) of sub-section (1) and sub-section (3) of S.37 are applicable with retrospective effect from 23/10/2015.