Rishima Investments Sa Llc vs Shristi Infrastructure Development ... on 16 April, 2021

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Delhi High Court - Orders

Rishima Investments Sa Llc vs Shristi Infrastructure Development ... on 16 April, 2021

Bench: C.Hari Shankar

                          $~44(original)
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P.(EFA)(COMM.) 6/2021
                                RISHIMA INVESTMENTS SA LLC           ..... Decree Holder
                                             Through: Mr.Raj Shekhar Rao, Sr.Adv.with
                                             Ms.Anshula Laroiya, Ms. Bani Dikshit, Mr.
                                             Vinayak Mehrotra,

                                                    versus

                                SHRISTI     INFRASTRUCTURE             DEVELOPMENT
                                CORPORATION LIMITED            ..... Judgment Debtor
                                             Through: Mr.Shivam Pandey, Adv.

                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                             ORDER

                          %                  16.04.2021
                                       (Video-Conferencing)
                          O.M.P.(EFA)(COMM.) 6/2021

1. The final Award dated 12th July, 2020, of which enforcement is sought in this petition is, admittedly, a sequel to the Award dated 30th April, 2019, forming subject matter of O.M.P.(EFA)(COMM.) 5/2019. Mr. Pandey, learned Counsel for the respondent/Judgment Debtor in this case also submits that the fate of this petition would be dependent on the fate of O.M.P.(EFA)(COMM.) 5/2019 and the validity of the Award dated 12th July, 2020, in this case, would be subject to the validity of the Award dated 30th April, 2019 in O.M.P.(EFA)(COMM.) 5/2019.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP(ENF)(COMM.) 6/2021 Page 1 of 2 Signing Date:20.04.2021 12:20:51

2. In O.M.P.(EFA)(COMM.) 5/2019, a detailed order has already been passed by this Court on the very first date of hearing i.e. on 30th May, 2019, directing security, in the form of the Westin Hotel, Rajarhat, Kolkata, to be furnished. The said direction stands upheld by the Supreme Court vide order dated 9th April, 2021 in SLP (C) 4689- 4693/2021. The Supreme Court directed the security to remain in place till a decision was taken by this Court on the aspect of territorial jurisdiction. This Court vide its judgment dated 22nd February, 2021 held, on the aspect of territorial jurisdiction, in favour of the petitioner. That order has also stands upheld by the Supreme Court vide order dated 9th April, 2021 in SLP(C) 4689-4693/2021.

3. Resultantly, the petitioner would be entitled to an order for security in the present proceedings as well.

4. Mr. Pandey seeks a short date to examine this aspect.

5. Accordingly, renotify on 22nd April, 2021.

C.HARI SHANKAR, J APRIL 16, 2021/kr Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP(ENF)(COMM.) 6/2021 Page 2 of 2 Signing Date:20.04.2021 12:20:51

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Delhi High Court - Orders