Delhi High Court - Orders
Glencore International Ag vs Hindustan Zinc Limited on 9 November, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~11 & 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM) 9/2019
GLENCORE INTERNATIONAL AG ..... Decree Holder
Through Mr.Gourab Banerji, Sr.Adv. with
Mr.Sumeet Lall, Mr.Sidhant Kapoor, Mr.Nikhil
Lal, Ms.Raka Chatterjee, Advs.
versus
HINDUSTAN ZINC LIMITED ..... Judgement Debtor
Through Mr.Ciccu Mukhopadhaya, Sr.Adv.
with Mr.P.S.Sudheer, Adv.
+ O.M.P.(EFA)(COMM) 10/2019
GLENCORE INTERNATIONAL AG ..... Decree Holder
Through Mr.Gourab Banerji, Sr.Adv. with
Mr.Sumeet Lall, Mr.Sidhant Kapoor, Mr.Nikhil
Lal, Ms.Raka Chatterjee, Advs.
versus
HINDUSTAN ZINC LIMITED ..... Judgement Debtor
Through Mr.Ciccu Mukhopadhaya, Sr.Adv.
with Mr.P.S.Sudheer, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 09.11.2020 E.A. 1088/2020 in O.M.P.(EFA)(COMM) 9/2019 E.A. 1087/2020 in O.M.P.(EFA)(COMM) 10/2019
1. The present applications under Sections 48 and 49 of the Arbitration and Conciliation Act, 1996 ( the Act) seek enforcement of two foreign awards dated 01.05.2018 and 06.08.2018 passed by a three member learned Arbitral Tribunal under the Rules of London Court of International Arbitration.
2. Mr.P.S.Sudheer, learned counsel appearing on behalf of the judgment debtor(JD)/respondent prays for and is granted last opportunity of eight weeks to file reply/objections under Section 47 of the Act. Rejoinder/response thereto, if any, be filed within six weeks thereafter.
3. On 08.06.2020, the JD/respondent was directed by this Court to file its Affidavit of assets in Form 16-A, Appendix 'E' CPC within a period of five weeks. The JD/respondent has admittedly not filed the same but has only filed an affidavit on 14.07.2020 setting out the details of property owned by the JD/respondent in Delhi, where a guest house is being run by it.
4. Learned senior counsel for the JD/respondent submits that though a detailed affidavit of assets has not been filed, the value of the property as set out in the aforesaid affidavit would be sufficient to cover the claim of the petitioner/DH. He, however, submits that presently he is not in a position to say as to whether the said property is in any manner encumbered or not but assures the Court that no further third party rights will be created in respect of the said property till further orders from this Court..
5. At request, list on 08.03.2021. On which date the learned counsel for the JD/respondent will also inform the Court that if the said property is encumbered in any manner.
REKHA PALLI, J NOVEMBER 9, 2020 sr