Law:

Section:

Arbitration (Protocol Convention) Act (VI of 1937)------Ss.5 & 7---Foreign award---Suspension of proceedings---Scope---Award was announced against plaintiff-company and without filing of any appeal plaintiff sought suspension of enforceability of the award---Validity---Question as to whether arbitrators were justified in issuing direction to plaintiff to make payments to defendants was a question which was open to adjudication before proper forum in appeal---High Court while hearing application under S.5 of Arbitration (Protocol and Convention) Act, 1937, could not sit in appeal against award passed by arbitrators in terms of arrangement between the parties -Award had become final, the moment it was pronounced unless the party against whom such award was passed had preferred appeal and got the same set aside-Plaintiff -company did not have any cause of action to invoke jurisdiction of High Court under the provisions of Arbitration (Protocol and Convention) Act, 1937---Suit was dismissed in circumstances. ORDER AMIR HANI MUSLIM, J.---The plaintiffs have filed the present proceedings under section 5 of the Arbitration (Protocol and Convention) Act, 1937 ("the Act of 1937") with the following prayers:-- "That in view of the above it is respectfully prayed that this Honourable Court may graciously be pleased to defer the enforceability and stay the operation of the said Award dated 1-12-2008 till the final disposal of the objections to the validity of the said Award which the plaintiff may be advised to file under the International Arbitration Act in Singapore." 2. Along with these proceedings, an application (C.M.A. No.11970 of 2008) under section 151, C.P.C. was made seeking suspension/stay of the operation of the Award dated 1-12-2008 pronounced under the ICC Rules of Arbitration at Singapore till the final disposal of the application under section 5 of the Act of 1937. Notice was issued to the defendants who have filed counter-affidavit to the application. 3. Brief facts of the case as they appear from the pleadings of the parties are that the plaintiffs have entered into a Gas Supply Agreement dated 31-3-1996 with the defendants for a period of twenty…

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