Delhi High Court - Orders
Viterra B.V. (Formerly Known As ... vs Sharp Corp Limited on 19 September, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~32 & 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 1/2022, EX.APPLs.(OS) 3473/2022 &
3474/2022
VITERRA B.V. (FORMERLY KNOWN AS GLENCORE
AGRICULTURE B.V.)
..... Decree Holder
Through: Mr. Darpan Wadhwa, Sr. Adv. with
Ms. Raunaq B. Mathur, Ms. Pallavi
Sen Gupta and Mr. Satjit Singh,
Advs.
versus
SHARP CORP LIMITED
..... Judgment Debtor
Through: Mr. Rajshekhar Rao, Sr. Adv. with
Ms. Bobby Aanand,Mr. B. Anand and
Mr. Areeb, Advs.
AND
+ O.M.P.(EFA)(COMM.) 2/2022, EX.APPLs.(OS) 3467/2022 &
3468/2022
VITERRA B.V. (FORMERLY KNOWN AS GLENCORE
AGRICULTURE B.V.)
..... Decree Holder
Through: Mr. Darpan Wadhwa, Sr. Adv. with
Ms. Raunaq B. Mathur, Ms. Pallavi
Sen Gupta and Mr. Satjit Singh,
Advs.
versus
SHARP CORP LIMITED
..... Judgment Debtor
Through: Mr. Rajshekhar Rao, Sr. Adv. with
Ms. Bobby Aanand,Mr. B. Anand and
Mr. Areeb, Advs.
Signature Not Verified
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:23.09.2022
11:16:06
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 19.09.2022 EX.APPL.(OS) 3474/2022 in O.M.P.(EFA)(COMM.) 1/2022 EX.APPL.(OS) 3468/2022 in O.M.P.(EFA)(COMM.) 2/2022 Exemption allowed subject to all just exceptions. Applications are disposed of.
EX.APPL.(OS) 3473/2022 in O.M.P.(EFA)(COMM.) 1/2022 EX.APPL.(OS) 3467/2022 in O.M.P.(EFA)(COMM.) 2/2022
1. These applications have been filed by the decree holder with the following prayers:
"In light of the facts and circumstances set out above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) Direct the attachment and sale of assets of Mr. Sanjay Singhal and/or assets under Mr. Sanjay Singhal's control (whether or not held in his name and wheresoever situated) and/or direct Mr. Sanjay Singhal to deposit security of the amount awarded pursuant to the Award or deposit such amount in an escrow account or furnish a bank guarantee of such amount (or any part thereof) until the Award is satisfied in full or provide such other security as this Hon'ble Court deems fit;
(b) Issue appropriate orders and directions:
(i) for the appointment of an independent expert to conduct an investigation into the diversion of the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:23.09.2022 11:16:06 Respondent's business (including taking copies or custody of all relevant books and documents) and submit a report;
(ii) for the detention, preservation, deposit, attachment and/or sale, as appropriate, of any such assets, proceeds and/or receivables of whatsoever nature and wheresoever situated, and to further order the payment thereof to the Petitioner towards satisfaction of the Award; and/or
(iii) restraining, as appropriate, the Respondent, Mr. Sanjay Singhal and/or person(s) and/or entity(ies) and person(s) under their control from recovering any debts owed to them ( whether or not held in his/her/its name) by a debtor and directing the debtor to deposit the payment due before this Hon'ble Court or in such other manner as this Hon'ble Court may deem fit;
(c) Issue appropriate orders of injunction restraining Mr. Sanjay Singhal and/or directors of the Respondent and / or officers of the Respondent from directly or indirectly selling, transferring, creating any third party right or interest in, or otherwise in any manner encumbering or dealing with, all or any of their property and assets (of whatsoever nature and wheresoever situated and whether or not in their possession or custody);
(d) Issue appropriate orders in terms of Order XXI Rule 41 Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:23.09.2022 11:16:06 of the Code of Civil Procedure, 1908, as amended, for the detention in civil prison of any person(s) failing to obey the directions of this Hon'ble Court;
(e) Pass ad interim orders in terms of the aforesaid prayers;
(f) Award costs of the present application; and
(g) Pass such further or other or ancillary orders as in the facts and circumstances of this application may be necessary."
2. Issue notice. Ms. Bobby Aanand, Advocate accepts notice for the judgment debtor / non-applicant.
3. Reply be filed within four weeks. Rejoinder thereto, be filed within two weeks thereafter.
4. List on the date fixed, i.e., December 7, 2022.
V. KAMESWAR RAO, J SEPTEMBER 19, 2022/aky Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:23.09.2022 11:16:06