VidhiSangh

Supreme Court of India · 20/02/2019

LMJ INTERNATIONAL LTD. versus SLEEPWELL INDUSTRIES CO. LTD.

[2019] 4 S.C.R. 617 · 2019 INSC 241

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Summary

The Court rejected successive objections to enforcement of two foreign arbitral awards as barred by constructive res judicata. Earlier objections, despite being styled as objections to maintainability, had already involved enforceability and attained finality. The debtor could not split those questions into successive proceedings or obtain a merits rehearing under Section 48. Its undisclosed conduct aimed at frustrating recovery supplied an additional reason to refuse relief.

Issues

  1. Whether enforceability objections could be renewed after earlier execution and review orders attained finality.
  2. Whether Section 48 permitted a fresh examination of the contractual and evidentiary merits of the awards.

Provisions considered

Held

Result

Special leave petitions dismissed with aggregate costs of Rs 20 lakh and specific directions to release the execution deposits and accrued interest to the award holder.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 617.