Import entitlement for repairs and after sales service extends to authorised service agents; provisional release allowed subject to bond and quantitat...
Enforcement against a non-party security provider is permitted where the provider voluntarily issued a cheque as security for the disputed arbitrable liability; the court treated the undated cheque, corresponding to the tribunal claim, as a voluntary guaranty thereby exposing the issuer to enforcement of the foreign arbitral award and corrective award. The decision rejected a requirement to pierce the corporate veil because liability rested on the 2nd respondent's own undertaking; the 1st respondent's insolvency reinforced the necessity of enforcement against the security provider to prevent injustice. The appellate order allows enforcement jointly and severally against both respondents on the cheque basis.
Enforcement against a non-party security provider is permitted where the provider voluntarily issued a cheque as security for the disputed arbitrable liability; the court treated the undated cheque, corresponding to the tribunal claim, as a voluntary guaranty thereby exposing the issuer to enforcement of the foreign arbitral award and corrective award. The decision rejected a requirement to pierce the corporate veil because liability rested on the 2nd respondent's own undertaking; the 1st respondent's insolvency reinforced the necessity of enforcement against the security provider to prevent injustice. The appellate order allows enforcement jointly and severally against both respondents on the cheque basis.
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