1961 (9) TMI 93

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..... erred to arbitration in England and the award was given on 25-2-1953, according to which the respondent-Company was entitled to get 325 and 7 Shillings from the petitioner. Further 42 were assessed as costs and fees of the award, which amount was also to be paid by the petitioner. Since no payment was made to the respondent, they filed the present application in the Court to the Subordinate Judge, 1st Class, Delhi, under section 6 of the Arbitration (Protocol and Convention) Act and section 17 of the Indian Arbitration Act for the enforcement of the foreign award. The petitioner raised a preliminary objection that the award was inadmissible in evidence, having not been duly stamped. The trial Judge came to the conclusion that the award di .....

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..... s to any property situate, or to any matter or thing done or to be done, in India and is received in India . The question arises whether this award, which is, admittedly, not a bill of exchange or a promissory-note, and was executed out of India and is received in India, relates to any property situate in India or to any matter or thing done or to be done in India. It is undisputed that it does not relate to any property situate in India. Does it relates to any matter or thing done or to be done in India? In my opinion, it does, because, in the first instance, it has to be filed in a Court situate in India and has to be made a rule of the Court. After that the petitioning-Company, which is situate in India, would become liable to pay th .....

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..... the state. The exact wording of the document in question in that authority is no reproduced in the judgment and, therefore, it is difficult for me to rely on the same. Moreover, the learned Judge has himself in the later part of his judgment observed as under:-- It may be argued that the right to sue in the State for the amount, or to be more precise, the right to continue the suit already filed in the State was transferred to the plaintiff and, therefore, it related to property situate or at least to a thing to be done in the State. The question to my mind does not seem to be free from doubt, and I have not been able to lay my hands on any direct authority on the point. The counsel for the parties also have not been able to assis .....

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