Delhi High Court - Orders
Rishima Sa Investments Llc (Mauritius) vs Shristi Infrastructure Development ... on 5 April, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~10 & 11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 5/2019 & EX.APPLs.(OS) 374/2019,
330/2021, 770/2021, 854/2021, 1077/2021, 1258/2021, 1374/2021,
1377/2021, 182/2024
RISHIMA SA INVESTMENTS
LLC (MAURITIUS) ..... Decree Holder
Through: Mr. Anirudh Bakhru, Mr. Varun
Agarwal, Ms. Vijay Laxmi, Ms.
Pragya Chodhary, Mr. Umang
Tyagi, Advocates.
versus
SHRISTI INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED & ANR. ..... Judgement Debtors
Through: Mr. Jayant Mehta, Senior
Advocate with Mr. Kumar
Shashwat Singh Sawno & Mr.
Nishant Goel, Advocates for JD-1.
Mr. Ramesh Singh, Senior
Advocate with Mr. Sidhartha
Sharma, Mr. Arjun Arshana & Ms.
Shalini Basu, Advocates for JD-2.
Mr. Raunak Dhillon, Ms. Madhavi
Khanna & Mr. Nihaad Dewan,
Advocate for Intervenor.
+ O.M.P.(EFA)(COMM.) 6/2021 & EX.APPLs.(OS) 651/2021,
769/2021, 775/2021, 1079/2021, 1372/2021, 1378/2021
RISHIMA INVESTMENTS SA LLC ..... Decree Holder
Through: Mr. Anirudh Bakhru, Mr. Varun
Agarwal, Ms. Vijay Laxmi, Ms.
Pragya Chodhary, Mr. Umang
Tyagi, Advocates.
O.M.P.(EFA)(COMM.) 5/2019 & Connected Matters Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/04/2024 at 06:17:15
versus
SHRISTI INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED ..... Judgement Debtor
Through: Mr. Jayant Mehta, Senior
Advocate with Mr. Kumar
Shashwat Singh Sawno & Mr.
Nishant Goel, Advocates for JD-1.
Mr. Raunak Dhillon, Ms. Madhavi
Khanna & Mr. Nihaad Dewan,
Advocate for Intervenor.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 05.04.2024 EX.APPL.(OS) 441/2024 (Application on behalf of Sarga Hotel Private Limited i.e. Judgment Debtor No. 2) in O.M.P.(EFA)(COMM) 5/2019
1. This is an application by Sarga Hotel Private Limited, arrayed as judgment debtor No. 2, seeking discharge from the present proceedings. Mr. Ramesh Singh, learned Senior Counsel for the applicant, submits that a resolution plan under the Insolvency and Bankruptcy Code, 2016 has been approved by National Company Law Tribunal ["NCLT"] in respect of the applicant. He submits that the liability of Sarga Hotels under the award under enforcement, as provided in the resolution plan, has already been discharged. Mr. Singh states that the order of NCLT has also been affirmed by an order of NCLAT passed yesterday i.e. 04.04.2024.
2. Mr. Anrirudh Bakhru, learned counsel for the decree holder, submits that the NCLAT having delivered its judgment only yesterday, the decree holder is yet take a call as to whether to challenge the said order.
O.M.P.(EFA)(COMM.) 5/2019 & Connected Matters Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 06:17:15
3. I am prima facie of the view that if the liability of the applicant to the decree holder as it stands today has already been discharged, the applicant can be deleted from the present proceedings, subject to an undertaking that it will appear in the proceedings, if the orders are set aside in appeal.
4. Mr. Bakhru seeks an opportunity to take instructions. The decree holder may file an affidavit in response to the application within two weeks.
5. List on 14.05.2024.
O.M.P.(EFA)(COMM.) 5/2019 & O.M.P.(EFA)(COMM.) 6/2021 List alongwith pending applications on 14.05.2024. Additional written submissions may be filed by the parties in the meantime.
PRATEEK JALAN, J APRIL 5, 2024 'pv'/ O.M.P.(EFA)(COMM.) 5/2019 & Connected Matters Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 06:17:16