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3. Shorn of unnecessary details, the brief facts that need to be encapsulated for the limited purpose of deciding the maintainability are that Respondent no.1 / Shristi Infrastructure Development Corporation Ltd. set up Respondent No.2 / Shristi Hotel Private Limited (now known as Sarga Hotel Pvt. Ltd.) as a Special Purpose Vehicle to construct and operate a Hotel namely 'The Westin Kolkata - Rajarhat', Kolkata, West Bengal, a five star hotel. Petitioner is a Group Company of SUN-Apollo Ventures, a joint venture between the SUN Group predominantly focusing on projects in India and Apollo Real Estate Advisors, a foreign based fund / company (hereinafter referred to as 'JV').

"684 (1). Shristi Infrastructure Development Corporation Limited is ordered, by way of specific performance, to pay to Rishima SA Investments LLC within 28 days of this Award, the sum of INR 761 crores pursuant to clause 17.2 of the Share Subscription and Shareholders Agreement, as at March 31, 2019.
(2). The Tribunal orders, by way of specific performance, Shristi Infrastructure Development Corporation Limited to pay to Rishima SA Investments LLC within 28 days of this Award a further sum pursuant to clause 17.2 of the Share Subscription and Shareholders Agreement, being 25% IRR to the date of this Award in an amount to be agreed between the parties, or, failing agreement, to be determined by the Tribunal.
(3). Upon payment of the sums in (1) and (2), Rishima SA Investments LLC shall deliver to Shristi Infrastructure Development Corporation Limited executed transfers and any other title documents relating to its shares in Shristi Hotel Private Limited.
(4). If for any reason the awards in (1) and / or (2) above are declared unenforceable in whole or in part by any court or tribunal, Shristi Infrastructure Development Corporation Limited shall pay to Rishima SA Investments LLC the sum of INR 160.2 crores pursuant to clause 14.2 of Share Subscription and Shareholders Agreement (or such lesser sum as shall be sufficient to satisfy the awards in (1) and (2) above, after taking account of any amounts paid by Shristi Infrastructure Development Corporation Limited pursuant thereto) upon delivery by Rishima SA Investments LLC to Shristi Infrastructure Development Corporation Limited of executed transfers and any other title documents relating to its shares in Shristi Hotel Private Limited."

24. Mr. Nayar argues that though it is not disputed that Respondent No.1 has its registered office in Kolkata but it is equally true that it holds assets within the jurisdiction of this Court. The Petitioner seeks to enforce the partial Award against the assets of Respondent No.1 which are within the jurisdiction of this Court based on the following :

(a). Respondent No.1 holds shares in a subsidy known as Shristi Urban Infrastructure Development Ltd. (SUIDL), whose registered office is in Delhi. Therefore, Respondent No.1's assets being shares of SUIDL are sited in Delhi;