Document Fragment View

Matching Fragments

1. Leave granted.

2. We have heard the learned senior counsel appearing for the parties. We want to make certain clarifications in the impugned order passed by the High Court of Delhi.

3. The question is about the enforceability of a foreign award. It has been filed in the High Court. The Shristi Infrastructure Development Corporation Ltd. has the objection about the jurisdiction of the Delhi High Court to enforce the same. It is submitted that the award has been passed by the High Court having jurisdiction as provided under Section 47 of the Arbitration and Conciliation Act, 1996. The High Court, by the impugned order, has directed to file an affidavit in Form 16A of Appendix E of the Code of Civil Procedure, which is required when the stage of Section 48 is reached as the provisions of CPC are made applicable for the purpose of execution of the award.

JULY 19, 2019.



ITEM NO.55                  COURT NO.4                   SECTION XIV

               S U P R E M E C O U R T O F           I N D I A
                       RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 16102 OF 2019 (Arising out of the impugned order dated 30.05.2019 passed by the High Court of Delhi at New Delhi in OMP (EFA) (Comm) No. 5/2019) SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED Appellant(s) VERSUS RISHIMA SA INVESTMENTS LLC (MAURITIUS) & ANR. Respondent(s) (FOR ADMISSION and I.R. (IA No. 104728/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) WITH SLP (C) No. 15986 OF 2019 (FOR ADMISSION and I.R. and IA No.100302/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 19-07-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv.