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Eveready Industries India Ltd. vs Kkr India Financial Services Limited on 1 April, 2022

Bench: Indira Banerjee, A.S. Bopanna

      ITEM NO.16                     Court 8 (Video Conferencing)                  SECTION XIV

                                     S U P R E M E C O U R T O F           I N D I A
                                             RECORD OF PROCEEDINGS

      Petition(s) for Special Leave to Appeal (C) No(s). 5336/2022
      (Arising out of impugned final judgment and order dated 07-02-2022
      in FAO(OS)(COMM) No. 2/2021 passed by the High Court Of Delhi At
      New Delhi)

      EVEREADY INDUSTRIES INDIA LTD.                                              Petitioner(s)

                                                           VERSUS

      KKR INDIA FINANCIAL SERVICES LIMITED & ORS.                                 Respondent(s)

(FOR ADMISSION and I.R. and IA No.44642/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.44638/2022-PERMISSION TO FILE LENGTHY LIST OF DATES and IA No.44644/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 01-04-2022 This petition was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv.

Mr. Dhruv Dewan, Adv.

Mr. Rohan Batra, AOR Ms. Sonali Malik, Adv.

Mr. Azeem Samuel, Adv.

Mr. Harsh Vardhan Arora, Adv.

Mr. Dhruv Sethi, Adv.

For Respondent(s) Mr. Kapil Sibal, Sr. Adv.

Mr. Akhil Sibal, Sr. Adv.

Mr. Yashvardhan, Adv.

Mr. Murtaza Somjee, Adv.

Ms. Smita Kant, Adv.

Mr. Apoorv Shukla, AOR Ms. Ishita Farsaiya, Adv.

Ms. Prabhleen Kaur, Adv.

Ms. Kritika Nagpal, Adv.

Ms. Aditi Tiwari, Adv.

Mr. Ayush Acharjee, Adv.

UPON hearing the counsel the Court made the following 10:33:40 IST Reason: O R D E R After hearing Dr. Abhishek Manu Singhvi, learned senior  2 counsel appearing on behalf of the petitioner and Mr. Kapil Sibal, learned senior counsel appearing on behalf of the respondents, the special leave petition is disposed of by directing the arbitral tribunal to dispose of the application of the petitioner under Section 16 of the Arbitration and Conciliation Act, 1996, in accordance with law, without being influenced by any observations made by the Division Bench and the single Bench of the High Court in the orders impugned.

In the meanwhile, the petitioner shall not dissipate or dispose of its assets, except in the usual course of business. The petitioner is restrained from creating any encumbrances of its unencumbered assets for a period of four weeks or till further orders of the arbitral tribunal, whichever is earlier.

Pending applications, if any, stand disposed of accordingly.

(GULSHAN KUMAR ARORA)                                        (MATHEW ABRAHAM)
     AR-CUM-PS                                               COURT MASTER (NSH)