Delhi High Court - Orders
Cairn India Ltd & Ors vs Government Of India on 9 January, 2019
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 15/2016
CAIRN INDIA LTD & ORS ..... Decree Holders
Through: Mr. Anirudh Das with Mr. Arjun Pall
and Mr. Anirudh Lekhi, Advs
Mr. Sumit Kumar Vats, proxy counsel
for Mr. A.C. Mishra, Adv for Gail
India Ltd.
versus
GOVERNMENT OF INDIA ..... Judgment Debtor
Through: Mr. K.R. Sasiprabhu with Mr. Anurag
Ahluwalia, Mr. Aditya Swarup, Mr.
Somiram Sharma, Mr. Tushar
Bhardwaj and Ms. Tejaswita, Advs
for judgment debtor
Mr. P.K. Jain with Mr. Saurabh Jain,
Advs for applicant MRPL
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 09.01.2019 I.A. No. 204/2019 (for direction/clarification)
1. Issue notice.
2. Mr. Arjun Pall accepts notice on behalf of non-applicant/decree holder, while Mr. K.R. Sasiprabhu accepts notice on behalf of non- applicant/judgment debtor.
3. This is an application moved by Mangalore Refinery and Petrochemicals Ltd. (MRPL).
4. The substantive prayers made in the application are as follows:-
O.M.P.(EFA)(COMM.) 15/2016 page 1 of 2 "a) Accept the amount deposited by MRPL on 27.11.2018 before the Registry of Delhi High Court amounting to Rs. 41,66,13,016/- payable to Raava Oil Singapore (Pte) Ltd. in Indian Rupees as the same is equivalent to the amount payable in US Dollars;
b) Allow MRPL to deposit future dues payable to Raava Oil Singapore (Pte) Ltd. in INR;..."
5. The prayers made in the application are based on the orders of this Court dated 07.12.2018 and 10.12.2018.
6. It is not in dispute that MRPL has deposited a sum of Rs. 41,66,13,016/- with the Registry of this Court.
7. According to MRPL, this amount was deposited on 27.11.2018.
8. In view of the fact that Registry is unable to open an account to have the moneys deposited in USD, the aforementioned prayers would have to be allowed. It is ordered accordingly.
9. Needless to say, the aforesaid directions, in terms of prayers made, are issued without prejudice to the right of Raava Oil Singapore (Pte) Ltd. to agitate the point that accepting the amounts in INR would cause loss to it on account of fluctuation of exchange rate.
10. This aspect of the matter will be examined at relevant point in time.
11. The application is accordingly disposed of.
12. Dasti under the signatures of Court Master.
RAJIV SHAKDHER, J JANUARY 09, 2019/c O.M.P.(EFA)(COMM.) 15/2016 page 2 of 2