REKHA PALLI,J. - (1.) The present enforcement petition filed under Sections 48 and 49 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as 'the Act') filed by M/S Angelique International Limited/company having its registered office in Delhi, seeks enforcement of a unanimous foreign award dated 25.07.2019 rendered by a three-member Arbitral tribunal, pursuant to arbitration conducted under the UNCITRAL Arbitration Rules. The decree holder (DH) seeks enforcement of only one of the reliefs granted under the award, but has reserved its right to file a separate petition for enforcement of the remaining reliefs.
(2.) At the outset, learned counsel for the DH submits that the enforcement of the award is primarily sought against judgment debtor (JD)nos.1 to 3, who were respondents before the Tribunal. He submits that while the JD no. 4/ National Bank of Yemen and JD no.5/State Bank of India, who had issued the original bank guarantees and counter bank guarantees respectively, have been arrayed as JDs in the present petition, they are necessary parties for enforcement of the relief sought herein but may not be treated as JDs while disposing the present petition. He further submits that prior to the pronouncement of the award, the DH had sought interim stay on invocation of the subject bank guarantees by filing a petition under Section 9 of the Act being OMP (I)(COMM)235/2019, wherein this Court, on 26.07.2019, had directed the JDs to keep these bank guarantees alive. However, now that enforcement of the award itself is being sought, the DH undertakes to forthwith withdraw this Section 9 petition by moving an appropriate application, so that the matter of withdrawal can be taken up before 30.06.2020, i.e., the date on which the bank guarantees expire, in order to circumvent the necessity of extending them any further.
(3.) After notice was issued in the present petition on 03.09.2019, the JD nos.1 to 3, situated in the Republic of Yemen, were served through the Ambassador of Yemen in India, as also at their e-mail addresses as reflected in the award. An affidavit of service in this regard was filed by the DH, however since none appeared on their behalf or that of JD no.4, which is also located in Yemen, on 19.06.2020 this Court again directed the DH to serve them through email. The DH has, after serving them through e-mail, filed another affidavit of service along with an affidavit under Section 65B of the Indian Evidence Act, 1872, from which it transpires that JD nos.1 to 4 have been served through email. Today, as none appears on their behalf despite the matter being passed over, the present petition has been taken for final hearing.;