Messrs PORSCHE MIDDLE EAST AND AFRICA FZE vs PERFORMANCE AUTOMOTIVE (PVT

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Messrs PORSCHE MIDDLE EAST AND AFRICA FZE VS PERFORMANCE AUTOMOTIVE (PVT.) LTD. (UNDER LIQUIDATION) S.6, article V, 'Sched.'---Civil Procedure Code (V of 1908), O.XXI, R.10---Foreign arbitral award---Enforcement---No objections were filed by respondents---award was made rule of court---The applicant filed an application under section 6 of the Recognition and Enforcement (arbitration agreements and Foreign arbitral awards) act, 2011 (the act 2011) seeking enforcement of the foreign arbitral award---The dispute arose from a commercial relationship whereby the respondent purchased Porsche vehicles from the applicant for distribution in Pakistan---Due to commercial differences, the respondent initiated arbitration in a foreign country---Both parties appeared and submitted cross-claims---The arbitrator dismissed all claims except for the applicant's claim for outstanding sums---Despite notice, the respondent failed to file objections or appear---Held: None of the grounds for refusal for enforcement of a foreign award as provided under article Vof the Schedule provided under the act 2011 could be claimed by the respondent---First and foremost, it was the respondent itself who initiated the arbitration proceedings---Secondly, the respondent appeared and contested the arbitration---Finally, the respondent did not file any objections to the award, despite a lapse of over two years---There remained no impediment under the prescribed law to enforce the award---The award was recognized as binding and enforceable and as such the same was made a Rule of the Court---The applicant was granted the amount represented in the award which was to be executed as a decree of the High Court---In terms of O. XXI, R. 10, C.P.C., the present application was converted into execution proceedings---There was four Porsche vehicles belonging to the respondent lying at the Karachi port regarding which Nazir of the High Court was appointed to ascertain the status of the same for attachment of said vehicles in order to satisfy the award---Matter was adjourned for submission of report of Nazir regarding status of the mentioned vehicles--- Present application was accepted and award was made rule of court.

Messrs PORSCHE MIDDLE EAST AND AFRICA FZE vs PERFORMANCE AUTOMOTIVE (PVT — 2025 CLD 1714 KARACHI-HIGH-COURT-SINDH

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