ARUN BHANSALI, J. - (1.) The applicant - Maximus International General Trading has filed the present application for enforcement of a foreign award dated 3/7/2017 inter alia with the submissions that the award was made by the Refined Sugar Association, London under Rule 9 of the Association's Arbitration Rules by the Tribunal in the arbitration proceedings arising out of and under sale-purchase contract - RKI/16-17/SC/027 dated 9/6/2016.
(2.) It may be noticed that simultaneously the respondent R.K.Industries also filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act, 1996') being S.B. Arbitration Application No.25/2017 seeking setting aside of the arbitral award dated 3/7/2017. The application filed by R.K.Industries was rejected by order dated 16/3/2018 as not maintainable, which order dated 16/3/2018 was upheld by the Division Bench in R.K.Industries vs. Maximum International General Trading LLC : AIR 2019 Raj. 1.
(3.) Preliminary objections to the present application seeking enforcement of the award has been filed by the respondent inter alia on the allegations that as the mandatory requirements of Section 47 of the Act, 1996 have not been complied with by the applicant, the application is liable to be rejected.;