2004 (12) TMI 718 - HC - Indian Laws

Issues Involved:
1. Territorial jurisdiction of the Delhi High Court to enforce a foreign award.
2. Applicability of the Arbitration and Conciliation Act, 1996.
3. Definition and interpretation of "Court" under Section 47 of the 1996 Act.
4. Execution of foreign awards and the necessity of obtaining a decree under Section 49 of the 1996 Act.
5. Relevance of the location of assets for jurisdiction.
6. Procedural aspects under Order XXI of the Code of Civil Procedure.

Detailed Analysis:

1. Territorial Jurisdiction of the Delhi High Court:
The primary issue is whether the Delhi High Court has the territorial jurisdiction to enforce a foreign award against the judgment debtor (JD), M/s Modi Wellvest Private Limited (MWPL). The JD argued that the execution petition does not lie within the territorial jurisdiction of the Delhi High Court because the primary assets and business activities of MWPL are located outside Delhi, specifically in Modi Nagar, UP.

2. Applicability of the Arbitration and Conciliation Act, 1996:
The decree holder (DH), M/s Motorola, Inc., sought to enforce a New York Convention award under Section 47 of the Arbitration and Conciliation Act, 1996. The JD contended that the subject matter of the award, being a monetary sum, should be enforced in a court where the JD is situated, not in Delhi.

3. Definition and Interpretation of "Court" under Section 47 of the 1996 Act:
Section 47 of the 1996 Act defines "Court" as the principal civil court of original jurisdiction in a district, including the High Court exercising its ordinary original civil jurisdiction. The JD argued that the subject matter of the award does not confer jurisdiction on the Delhi High Court. However, the DH argued that since the assets (shares and bank accounts) of the JD are located in Delhi, the Delhi High Court has jurisdiction.

4. Execution of Foreign Awards and the Necessity of Obtaining a Decree under Section 49 of the 1996 Act:
The JD contended that the DH must first obtain a decree under Section 49 of the 1996 Act from a competent court having jurisdiction over MWPL before the award can be executed. The Supreme Court's judgment in Fuerest Day Lawson vs. Jindal Exports was cited, which held that a foreign award is already stamped as a decree under the 1996 Act, negating the need for a separate decree.

5. Relevance of the Location of Assets for Jurisdiction:
The DH provided details of the JD's assets in Delhi, including shares in Spice Communications Limited and bank accounts. The JD argued that these assets were either not substantial or no longer existed in Delhi. However, the court found that the existence of these assets at the time of filing the execution petition was sufficient to confer jurisdiction.

6. Procedural Aspects under Order XXI of the Code of Civil Procedure:
The JD relied on various provisions of Order XXI of the Code of Civil Procedure to argue against the maintainability of the execution petition in Delhi. The court, however, found these arguments unsustainable, noting that the provisions permit the attachment and sale of the JD's property in execution of a decree.

Conclusion:
- The Delhi High Court has territorial jurisdiction to enforce the foreign award as the JD had assets in Delhi at the time of filing the execution petition.
- A foreign award under the 1996 Act is executable as a decree without the need for a separate decree under Section 49.
- The location of the JD's assets in Delhi, including shares and bank accounts, is sufficient to confer jurisdiction on the Delhi High Court.
- Procedural provisions under Order XXI of the Code of Civil Procedure support the maintainability of the execution petition in Delhi.

Final Order:
The preliminary plea of the JD regarding the lack of territorial jurisdiction is rejected. The execution petition is maintainable in the Delhi High Court, and the case is listed for further proceedings on 7th February 2005.

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