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luxurysjp520 filed before the appropriate High Court for enforcement

Posted: Sat Apr 24, 2021 9:22 pm
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More over Court held that the Arbitration and Conciliation Act,1996 is a Self-contained code and hence the application under section 47 is not an application filed under any provisions of order XXI of CPC, 1908. It further held hey where the application luxurysjp520 filed before the appropriate High Court for enforcement which would take recourse to the provisions of order XXI of CPC only for the purposes of execution of the foreign award as a deemed degree. The bar contained in Section 5 which excludes an application filed under any provisions of order XXI of CPC would not be applicable to a substantive application filed under the Arbitration Act 1996 and hence an application seeking condonation of delay under Section 5 is maintainable in law.

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