Delhi High Court - Orders
Roger Shashoua & Others vs Mukesh Sharma & Others on 7 January, 2019
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8 & 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. 255/2010, I.As. 16585/2010, 16586/2010, 903/2014,
12734/2017, 13271/2017, 13272/2017 & 13273/2017
ROGER SHASHOUA & OTHERS ..... Petitioners
Through: Mr. Anil Airi, Senior Advocate with
Mr. Gaurav M. Liberhan, Mr. Neeraj
Kumar Gupta and Mr. Ravi Krishan
Chandna, Advs. (M:9810955779)
versus
MUKESH SHARMA & OTHERS ..... Respondents
Through: Mr. Akhil Sibbal, Senior Advocate
with Mr. Abhinav Hansaria and Mr.
Pradeep Chindra, Advocates for R-1.
(M:9810349842)
Mr. Sandeep Sethi, Senior Advocate
with Mr. Jayant Mehta and Ms. Neeru
Sharma, Advocates for ITE.
(M:9350566548)
Mr. Deepak K. Vijay, Advocate for
ITEC. (M:9311279321)
AND
9
+ O.M.P.(EFA)(COMM.) 3/2018, I.As. 5000/2018 & 8544/2018
ROGER SHASHOUA & ORS. ..... Petitioners
Through: Mr. Anil Airi, Senior Advocate with
Mr. Gaurav M. Liberhan, Mr. Neeraj
Kumar Gupta and Mr. Ravi Krishan
Chandna, Advs.
versus
MUKESH SHARMA & ORS. ..... Respondents
Through: Mr. Akhil Sibbal, Senior Advocate
with Mr. Abhinav Hansaria and Mr.
Pradeep Chindra, Advocates for R-1.
O.M.P. 255/2010 & O.M.P.(EFA)(COMM.) 3/2018 Page 1 of 3
Mr. Sandeep Sethi, Senior Advocate
with Mr. Jayant Mehta and Ms. Neeru
Sharma, Advocates for ITE.
Mr. Deepak K. Vijay, Advocate for
ITEC.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 07.01.2019 Arguments have been heard in part. Mr. Sandeep Sethi and Mr. Akhil Sibbal, learned Senior Advocates have raised preliminary objections/submissions as to the maintainability of OMP (EFA) (COMM) 3/2018 and also in OMP 255/2010. Mr. Airi, Senior Advocate has commenced his submissions on behalf of the Petitioners.
In the award dated 5th January 2010, the Arbitral Tribunal has passed several directions in respect of the shareholding held by Respondent Nos.1 and 2 in Respondent no.3 company. On a query put by the Court, it is submitted on behalf of the Respondents that at the moment the Respondent no.1 and his HUF only own 3% of the shareholding in Respondent no.3 company. It is submitted that the remaining shares are held by third parties. The Arbitral Tribunal has passed the award on the premise that the Respondent No.1 controls 50% of the shareholding. Considering the nature of the findings rendered by the Arbitral Tribunal in its award dated 5th January, 2010, it is directed that the original share certificates of 5 lakh shares, which are currently the only shareholding stated to be held by Mr. Mukesh Sharma and his HUF, shall be deposited in the Court before the next date.
The Respondents to file an affidavit detailing the shareholding pattern O.M.P. 255/2010 & O.M.P.(EFA)(COMM.) 3/2018 Page 2 of 3 in Respondent no.3 company - International Trade Expo Centre Limited ('ITEC'). The said affidavit shall give details as to the dates on which the said transfers were made and the dates when the same were communicated to the Registrar of Companies. The affidavits shall also disclose the shareholding pattern of the companies which are stated to be holding shares in Respondent no.3 company. The affidavit be filed within a period of two weeks with advance copy to the Counsel for the Petitioners.
List for further hearing on 14th February, 2019.
PRATHIBA M. SINGH, J.
JANUARY 07, 2019/dk O.M.P. 255/2010 & O.M.P.(EFA)(COMM.) 3/2018 Page 3 of 3