Bombay High Court
Olam International Ltd vs Arissa Internationalthrough Its ... on 14 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
907. IAL 18750-24 in COMEXL 16078-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 18750 OF 2024
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 16078 OF 2024
Olam International Ltd. ...Applicant
V/s.
Arissa International through its
sole proprietor Mr. Rakesh Puri ...Respondent
Mr.Pranav Sampat with Mr. Yash Kataria i/b Khaitan and Co., Advocate
for the Applicant/Award Holder.
Mr. Prerak Choudhary with Ms. Regina David, Advocate for the
Respondent.
CORAM : ABHAY AHUJA, J.
DATE : 14th AUGUST, 2024
P.C. :
1. This Interim Application seeks execution of foreign award dated 25th September, 2023 for amounts equivalent to INR 6,93,88,102.99 as Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL per the conversion rate on 23 rd April, 2024, on the ground that no GADGIL Date:
2024.08.14 19:39:34 +0530 payment has been received and that this Court pass orders directing the Respondent through its sole proprietor to make disclosures in terms of prayer Clause (a).
2. Mr. Choudhary, learned Counsel appears for the Award Debtor and submits that the award is an ex-parte award and also does not Nikita Gadgil 1/3 ::: Uploaded on - 14/08/2024 ::: Downloaded on - 15/08/2024 13:05:58 :::
907. IAL 18750-24 in COMEXL 16078-24.doc meet the criteria or the conditions set out in Section 57 of the Arbitration and Conciliation Act for enforcement of a foreign award.
However, neither any application has been made challenging the said award nor any material has been placed before me, which prima facie suggests that any of the conditions for enforcement of the foreign award in question have not been met nor any order has been produced before this Court which suggests that the foreign award has been stayed.
3. Accordingly, this Court in inclined to grant relief in terms of prayer Clause (a), which reads thus:-
"Order and direct Mr. Rakesh Puri and /or any other employee(s) of the Award Debtor to disclose on oath particulars of all his movable and immovable assets, properties with details of encumbrances (if any), bank account details with account statement, shares/investments held by the Award Debtor / Mr. Rakesh Puri, any other assets or undertakings, etc. along with relevant supporting documents in accordance with the provisions of Order XXI Rule 41 read with Form 16A of Appendix E of the Code of Civil Procedure, 1908"
4. Let the disclosure be made by the sole proprietor of the Award Debtor in terms of the aforesaid prayer within a period of four weeks.
Nikita Gadgil 2/3 ::: Uploaded on - 14/08/2024 ::: Downloaded on - 15/08/2024 13:05:58 :::907. IAL 18750-24 in COMEXL 16078-24.doc
5. The Award Debtor is at liberty to take out appropriate proceedings as he may be advised.
6. List on 19th September, 2024.
(ABHAY AHUJA, J.) Nikita Gadgil 3/3 ::: Uploaded on - 14/08/2024 ::: Downloaded on - 15/08/2024 13:05:58 :::