Delhi High Court - Orders
Glencore International Ag vs Hindustan Zinc Limited on 8 March, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~25 & 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 9/2019 & E.A. 1088/2020
GLENCORE INTERNATIONAL AG ..... Decree Holder
Through Mr Jayant Mehta, Mr Sumeet Lall,
Mr Sidhant Kapoor, Ms Ananya Singh, Mr Nikhil
Lal, Advocates.
versus
HINDUSTAN ZINC LIMITED ..... Judgement Debtor
Through Mr Ciccu Mukhopadhaya, Senior
Advocate with Mr P.S. Sudheer, Ms Anne
Mathew, Ms Aashna Chawla, Advocates.
AND
$~26
+ O.M.P.(EFA)(COMM.) 10/2019 & E.A. 1087/2020
GLENCORE INTERNATIONAL AG ..... Decree Holder
Through Mr Jayant Mehta, Mr Sumeet Lall,
Mr Sidhant Kapoor, Mr Ananya Singh, Mr Nikhil
Lal, Advocates.
versus
HINDUSTAN ZINC LIMITED ..... Judgement Debtor
Through Mr Ciccu Mukhopadhaya, Senior
Advocate with Mr P.S. Sudheer, Ms Anne
Mathew, Ms Aashna Chawla, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 08.03.2021 Signature Not Verified Digitally Signed By:DUSHYANT RAWAL EA 281/2021 (delay) in O.M.P.(EFA)(COMM.) 9/2019 EA 282/2021 (delay) in O.M.P.(EFA)(COMM.) 10/2019
1. For the reasons stated in the application, the same is allowed and the delay in filing the objections (Ex. APPL. (OS) 303/2021 is taken on record. O.M.P.(EFA)(COMM.) 9/2019 O.M.P.(EFA)(COMM.) 10/2019
2. Mr Mukhopadhya, the learned Senior Counsel appearing for the Judgment Debtor referred to the explanation to Section 47 of the Arbitration and Conciliation Act, 1996 and contended that this Court would not have the jurisdiction as the cause of action for the original action did not take place within the territorial judication of this Court.
3. The learned counsel appearing for the Decree Holder countered the aforesaid suggestion. He submits that the explanation cannot be interpreted in the manner as canvassed by the learned Senior Counsel.
4. The learned counsel seeks time to file their written submission on this issue.
5. Let the same be filed within a period of two weeks from today.
6. List on 07.04.2021.
VIBHU BAKHRU, J MARCH 8, 2021 pkv Signature Not Verified Digitally Signed By:DUSHYANT RAWAL