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2017 (8) TMI 1498 - HC - Indian LawsMaintainability including enforceability of the foreign award - Held that:- In the instant case, in so far as the seller is concerned, it is quite clear that certificate at the port of loading is final. The reference to GAFTA Rules for the purpose of interpretation of the relevant contractual terms to find out who is responsible for the production of the quality certificate at the destination port by the arbitral tribunal, is entirely within the domain of the Tribunal and is within the realm of interpretation of the contract. Even a Court in dealing with a domestic award would not touch the award on this ground. In any event, such grounds of challenge are not coming within the purview of Section 48 of the Act. The Court unhesitatingly accepts the submission of Mr. Bose that the English cases at this stage are academic as the Tribunal has proceeded on the basis that the award-holder seller is an unpaid vendor and the seller has discharged its obligation under the contract. Application dismissed.
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