https://www.taxtmi.com/caselaws?id=110477 A winding up petition cannot be used as a parallel forum for enforcing a foreign award when the award has not first been taken through the statutory enforcement scheme under Part II of the Arbitration and Conciliation Act, 1996. The Court treated sections 44 to 49 as a self-contained mechanism for recognition, enforcement, and execution of foreign awards, and reasoned that winding up jurisdiction is not meant to finally determine disputed claims or to substitute that process. The proper remedy is to pursue enforcement under the 1996 Act first; winding up on the basis of the foreign award alone is not maintainable at the threshold. en-us Fri, 23 Jul 2004 00:00:00 +0530 Tue, 17 Apr 2012 10:39:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110477 A winding up petition cannot be used as a parallel forum for enforcing a foreign award when the award has not first been taken through the statutory enforcement scheme under Part II of the Arbitration and Conciliation Act, 1996. The Court treated sections 44 to 49 as a self-contained mechanism for recognition, enforcement, and execution of foreign awards, and reasoned that winding up jurisdiction is not meant to finally determine disputed claims or to substitute that process. The proper remedy is to pursue enforcement under the 1996 Act first; winding up on the basis of the foreign award alone is not maintainable at the threshold. Case-Laws Companies Law Fri, 23 Jul 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110477