Fakkir Mohamed Ibrahim Kalifulla, J. - (1.) Leave granted. 1. These appeals are directed against the order dated 29.9.2014 in Execution Application No.643 of 2013 in Award dated 23.12.2011 with Chamber Summons No.832 of 2014.
(2.) To briefly note the facts, there was a Licence Agreement between the appellant and the respondent dated 22.2.1993 which provided for settlement of disputes by way of arbitration in accordance with the Rules of the Dutch Arbitration Institute. The said agreement was sought to be terminated by a notice by the respondent on 12.3.2007. The termination was to take effect from 23.02.2008. The dispute went before the Arbitral Tribunal. On 11.6.2008, the appellant filed an application for registration of Patent Nos.10-0865115 and 100909490 in the United States as well as in India. In the arbitral proceedings, a Partial Final Award (for short, PFA) came to be passed by the Arbitral Trinunal on 23.12.2011. We are presently concerned with the Indian Patents in which the appellant's rights and interest were involved, namely, Patent Nos. 2143/MUM/2008 and 2144/MUM/2008. The relevant part of the award (viz) paragraphs 7 and 9, of the PFA reads as under:- "7. Respondent to, within 30 days following the notification of the arbitration award, unconditionally and irrevocably, fully transfer all rights and interests of Indian Patent No.2143/MUM/2008 and 2144/MUM/2008 to Claimant, or a company designated by Claimant, and sign/execute and submit, at the first request of Claimant, and within 3 days following such request, all the documents that are required to effect such patent rights and interests transfer in accordance with the requirements of the Indian Patent Act and applicable Indian laws; and to simultaneously provide copies of all the relevant correspondence relating to such transfer to the attorney of Claimant by fax and registered post (fax: +31-20-6513001, HIL International Lawyers and Advisers, PO Box 22678, 1100 DD Amsterdam, the Netherlands); 8. xxx xxx xxx 9. Respondent to pay a direct enforcement penalty in the amount of Euro 50,000 for each case in which Respondent infringes the arbitral orders sub 7 and 8 above, and Euro 5,000 for each day the infringement continues;"
(3.) The Award dated 23.12.2011 was communicated to the parties by the Arbitral Tribunal on 27.12.2011. Therefore, the period of thirty days, fixed in paragraph 7, was to start from 27.12.2011.;