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2016 (12) TMI 626 - HC - Indian LawsApplication filed under Section 47 (Part II) of the Arbitration and Conciliation Act, 1996 for enforcement of the foreign arbitration award dismissed - whether the District Court would cease to have jurisdiction to proceed with the execution of the foreign arbitration awards, after coming into force of the Explanation to Section 47 by way of the Amended Ordinance-2015 and the execution pending before the District Judge has to be filed in the High Court? - Held that:- There is no dispute that in the execution application filed by the petitioner, the District Judge, Gurgaon had the jurisdiction in terms of the un-amended Explanation to Section 47 of the Act but during the pendency of the execution, with the amendment in the Explanation to Section 47 of the Act, the forum for the purpose of execution of the foreign arbitration award was changed from the principal Civil Court of original jurisdiction to the High Court. In view of the decision of the Supreme Court in Dhadi Sahu's case (1992 (11) TMI 2 - SUPREME Court ) wherein held that the general principle is that a law which brings about a change in the forum does not affect pending actions unless intention to the contrary is clearly shown. One of the modes by which such an intention is shown is by making a provision for change-over of proceedings, from the court or the tribunal where they are pending to the court or the tribunal which under the new law gets jurisdiction to try them, it can safely be held that the impugned order passed by the Additional District Judge, Gurgaon, is illegal.Consequently, the present writ petition is hereby allowed and the impugned order dated 14.12.2015 passed by the Additional District Judge, Gurgaon, is set aside.
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