Delhi High Court - Orders
Shanghai Electric Group Co. Ltd vs Reliance Infrastructure Ltd on 21 December, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva, Tushar Rao Gedela
$~1 (Special Bench)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 213/2022 & CM APPL. 36806/2022 & CM
APPL. 38181/2022
SHANGHAI ELECTRIC GROUP CO. LTD. ..... Appellant
Through: Mr. Rajiv Nayar, Senior Advocate
and Mr. Dayan Krishnan, Senior
Advocate with Mr. Ketan Gaur, Ms.
Pragya Prakash, Mr. Aayush Mitruka,
Mr. Saurabh Seth and Mr. Sukrit
Seth, Advocates
versus
RELIANCE INFRASTRUCTURE LTD ..... Respondent
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. Aditya Ganju and Mr. Arjit
Oswal, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 21.12.2022
1. Learned Senior Counsel for the appellant submits that an award has been rendered by the Arbitral Tribunal in favour of the appellant. He submits that the appellant is in the process of taking steps for enforcing the award.
2. Learned Senior Counsel submits that since the award has come in their favour, a protective order needs to be passed. He without prejudice submits that in view of the fact that respondent has contended that all its assets are encumbered with bank/financial Signature Not Verified Digitally Signed FAO(OS) (COMM) 213/2022 1 By:KUNAL MAGGU Signing Date:23.12.2022 15:05:42 institution, in case of sale of any assets the sale proceeds left, after discharge of the liability to the secured creditor, be secured towards the discharge of the awarded amount. This, he submits is without prejudice to the rights and contentions of the parties and also without prejudice to the right of the appellant to seek enforcement of the award by coercive measures.
3. Learned Senior Counsel for the respondent prays for time to take instructions.
4. At request, renotify on 13.01.2023.
SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J DECEMBER 21, 2022 'rs' Signature Not Verified Digitally Signed FAO(OS) (COMM) 213/2022 2 By:KUNAL MAGGU Signing Date:23.12.2022 15:05:42