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1. Inasmuch as the present judgment decides these appeals on the
aspect of maintainability, it is not necessary for us to delve deep into
the facts. Suffice it, therefore, to state that arbitral proceedings
between the parties culminated in a partial arbitral award dated 12
October 2004 and final arbitral award dated 26 October 2016. The seat
of arbitration was Malaysia.
2. The appellant challenged the aforesaid awards before the
competent courts in Kuala Lumpur and lost.
3. Thereafter the respondents being the successful award holders
moved OMP (EFA) (COMM) 15/20161 and OMP (EFA) (COMM)
5/20172 under Sections 47 and 49 of the Arbitration and Conciliation
Act, 19963. In the said appeals, in OMP (EFA) (COMM) 5/2017, the
respondent-award holder moved EX. APPL(OS) 635/2024 and EX.
APPL(OS) 1105/2024 – DIR. In OMP (EFA) (COMM) 15/2016, the
respondents moved EX APPL (OS) 1316/2024. The prayers in the
applications were identical, and identical orders have been passed
1 Cairn India Ltd & ors v Govt of India
2 Vedanta Ltd & anr v Govt of India
3 “the 1996 Act”, hereinafter
FAO(OS) (COMM) 225/2024 & connected matter
KUMAR
Signing Date:03.08.2025
16:23:05
therein, leading to the present appeals.
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