Partly allowed

Lloyd Shoes Gmbh Germany and Anr. v. Sara Soule Private Limited & Anr.

Delhi HC22 Jan 2024EX.P./53/2021

Case brief

AI extract

What is this about?

The court allowed an application to implead M/s ATS Infrastructure Ltd. as respondent No.4. The petition was disposed of based on a valid settlement of 26.12.2023, binding parties to its terms.

What did the court decide?

IA 1411/2024 allowed and M/s ATS Infrastructure Ltd. impleaded as respondent No.4. Petition disposed of based on settlement.

Lloyd Shoes Gmbh Germany and Anr. Vs Sara… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~11

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- EX.P. 53/2021, EX.APPL.(OS) 984/2021, EX.APPL.(OS) 2732/2022

¶4

LLOYD SHOES GMBH GERMANY AND ANR.

¶5

..... Decree Holders Through: Mr Aasheesh Gupta and Mr Harshit Agarwal, Advs.

¶6

versus

¶7

SARA SOULE PRIVATE LIMITED & ANR.

¶8

..... Judgement Debtors Through: Mr Adeel Ahmed, Mr Ramesh Kiran and Ms Sana Parveen, Advs.

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE JASMEET SINGH

¶11

O R D E R % 22.01.2024

¶12

Learned counsel for the decree-holders does not press the present execution petition as the entire decreetal amount has been received. The petition is disposed of as satisfied.

JASMEET SINGH, J

JANUARY 22, 2024

Click here to check corrigendum, if any

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:10:32

¶19

$~17

¶20

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶21

- EX.P. 50/2023

¶22

MARRIOTT WORLDWIDE CORPORATION ..... Decree Holder Through: Mr Pravin Anand, Ms Vaishali R Mittal and Ms Gitanjali Sharma, Advs.

¶23

versus

¶24

CREEKINN HOLIDAYS WORLD PVT. LTD. (EARLIER COURTYARD HOLIDAYS WORLD PVT. LTD.)

¶25

..... Judgement Debtor

¶26

Through:

¶27

CORAM:

¶28

HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 19.01.2024

¶29

On 17.10.2023 bailable warrants were issued against the Managing Director for the judgment-debtor to be served through concerned SHO. The report states that the warrants have been served upon the concerned SHO. However, there is no report.

¶30

Let a reminder be sent to the SHO for execution of the bailable warrants immediately by the Registry.

¶31

List on 21.02.2024.

¶32

JASMEET SINGH, J

¶33

JANUARY 19, 2024 sr

¶34

Click here to check corrigendum, if any

¶35

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:10:32

¶36

$~22

¶37

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶38

- O.M.P.(I) (COMM.) 113/2023, I.A. 11552/2023, I.A. 15753/2023, I.A. 1411/2024, I.A. 1412/2024

¶39

MR. SHARAD CHANDRA GUPTA & ANR. ..... Petitioners

¶40

Through: Mr Pardeep Dhingra, Mr Nishant Kumar, Mr Nikhil Joshi and Mr Archit Relan, Advs.

¶41

versus

¶42

M/S ALMOND INFRABUILD PVT. LTD. & ORS.

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..... Respondents Through: Mr. Ajit Kumar, Adv. (through VC) with Mr Krish Kalra, Adv.

¶44

CORAM:

¶45

HON'BLE MR. JUSTICE JASMEET SINGH

¶46

O R D E R % 19.01.2024

¶47

I.A. 1411/2024 has been filed seeking impleadment of M/s ATS Infrastructure Ltd. as respondent No.4 in the present petition. In addition, the petitioners also pray for taking the settlement dated 26.12.2023 on record and dispose of the present petition in terms of the settlement.

¶48

My attention has been drawn to the settlement dated 26.12.2023 arrived before the Delhi High Court Mediation & Conciliation Centre. The settlement is in order, is lawful and is legal.

¶49

For the said reasons, the I.A. 1411/2024 is allowed and M/s ATS Infrastructure Ltd. is impleaded as respondent No.4.

¶50

In view of the settlement, the petition is disposed of, binding the parties to the terms of the settlement dated 26.12.2023.

¶51

¶52

The amended memo of parties is taken on record.

¶53

JASMEET SINGH, J

¶54

JANUARY 19, 2024 sr

¶55

Click here to check corrigendum, if any

¶56

¶57

$~24

¶58

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶59

- O.M.P.(MISC.)(COMM.) 282/2023

¶60

M/S JSP PROJECTS PRIVATE LIMITED ..... Petitioner Through: Mr Suvir Sharma and Mr Prakhar Khanna, Advs.

¶61

versus

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CHIEF ENGINEER, NATIONAL HIGHWAYS, UP PWD

¶63

..... Respondent Through: Ms Somya, Adv. with Mr Shashank Bhargava, Executive Engineer (through VC)

¶64

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

¶65

O R D E R % 19.01.2024

¶66

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of six months for the learned Arbitral Tribunal to conclude the proceedings.

¶67

Ms Somya, learned counsel appears for the respondent and states that the respondent has no objection if the petition is allowed.

¶68

For the said reasons, the petition is allowed and a period of further six months are granted from today to the learned Arbitral Tribunal to conclude the arbitration proceedings and pass the Award.

¶69

JASMEET SINGH, J

¶70

JANUARY 19, 2024 sr Click here to check corrigendum, if any

¶71

This is a digitally signed order.

¶72

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:10:32

¶73

$~25

¶74

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶75

- O.M.P.(MISC.)(COMM.) 283/2023

¶76

M/S JSP PROJECTS PRIVATE LIMITED ..... Petitioner Through: Mr Suvir Sharma and Mr Prakhar Khanna, Advs.

¶77

versus

¶78

CHIEF ENGINEER, NATIONAL HIGHWAYS, UP PWD

¶79

..... Respondent Through: Ms Somya, Adv. with Mr Shashank Bhargava, Executive Engineer (through VC)

¶80

CORAM:

¶81

HON'BLE MR. JUSTICE JASMEET SINGH

¶82

O R D E R % 19.01.2024

¶83

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of six months for the learned Arbitral Tribunal to conclude the proceedings.

¶84

Ms Somya, learned counsel appears for the respondent and states that the respondent has no objection if the petition is allowed.

¶85

For the said reasons, the petition is allowed and a period of further six months are granted from today to the learned Arbitral Tribunal to conclude the arbitration proceedings and pass the Award.

¶86

JASMEET SINGH, J

¶87

JANUARY 19, 2024 sr Click here to check corrigendum, if any

¶88

This is a digitally signed order.

¶89

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:10:32

¶90

$~27

¶91

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶92

- OMP (ENF.) (COMM.) 1/2022, EX.APPL.(OS) 1027/2023, EX.APPL.(OS) 1028/2023, EX.APPL.(OS) 1647/2023

¶93

BDR BUILDERS AND DEVELOPERS PVT.LTD. ... Decree Holder

¶94

Through: Ms Diksha Goswami, Adv.

¶95

versus

¶96

MAHAMAYA EXPORTS PVT. LTD & ORS. .. Judgement Debtors Through: Mr Abhishek Gupta, Adv. for Mr Rajan Chaudhary, Adv. (through VC) Mr Vansh Kapoor, Adv. for JD-3.

¶97

Mr Nitin Gupta and Mr Ayush Chauhan, Advs. for Applicants.

¶98

CORAM:

¶99

HON'BLE MR. JUSTICE JASMEET SINGH O R D E R

¶100

% 19.01.2024

¶101

Ms Goswami, learned counsel for the decree-holder states that the judgment-debtor No.2 has passed away.

¶102

Mr Kapoor, learned counsel appears for JD-3. He shall file the list of legal heirs of judgment-debtor No.2.

¶103

The judgment-debtors shall also file their list of assets movable/immovable, encumbered/unencumbered in accordance with Order XXI Rule 41 CPC within a period of two weeks from today.

¶104

EX.APPL.(OS) 1028/2023 filed by the judgment-debtors shall also be taken up on the next date of hearing.

¶105

List on 05.04.2024.

¶106

JASMEET SINGH, J JANUARY 19, 2024/ sr Click here to check corrigendum, if any

¶107

This is a digitally signed order.

¶108

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:10:32

¶109

$~29

¶110

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶111

- OMP (ENF.) (COMM.) 239/2022

¶112

ROAD FORCE LIMITED ..... Decree Holder Through: Mr. Sameer Jain and Ms. Jayashree Parihar, Advs. (through VC)

¶113

versus

¶114

CHEMDIST PROCESS SOLUTIONS & ORS.

¶115

..... Judgement Debtors Through: Mr Sudhanshu Batra, Sr. Adv. with Mr Ashish Wad, Mr Ajeyo Sharma, Ms Kirti Sharma and Ms Akriti Arya, Advs. for JD-1 and JD-2. Mr Amita Sachdeva, Adv. for JD No.3 & 8 (through VC) Mr Shiv Prakash Pandey and Mr Raghav Pandey, Advs. for JD-4 to JD-6. Mr Harshal Arora, Adv. for HDFC Bank Ltd.

¶116

CORAM:

¶117

HON'BLE MR. JUSTICE JASMEET SINGH O R D E R

¶118

% 19.01.2024

¶119

EX.APPL.(OS) 102/2024

¶120

Issue notice.

¶121

Mr Ajeyo Sharma, learned counsel accepts notice on behalf of the judgment-debtor Nos. 1 and 2. He seeks and is granted four weeks to file a reply.

¶122

Reply be filed within a period of four weeks from today.

¶123

List on 29.01.2024.

¶124

OMP (ENF.) (COMM.) 239/2022, CCP(O) 63/2023, EX.APPL.(OS) 3790/2022, EX.APPL.(OS) 1083/2023

¶125

Mr Batra, learned senior counsel appearing for judgment-debtor Nos.

¶126

¶127

1 and 2 makes an oral request that the bank account may be de-freezed which were freezed pursuant to the order dated 04.05.2023, in order to carry out the business activity of judgment-debtor Nos. 1 and 2. He states that in case the bank accounts are not de-freezed, there are about 100 employees working with judgment- debtor Nos. 1 and 2 who will have to be laid off. In addition, he further states that de-freezing of the account will facilitate the working of judgment- debtor Nos. 1 and 2.

¶128

Let the judgment-debtor Nos. 1 and 2 put all the statements on an affidavit. The same be filed within one week from today.

¶129

List on 29.01.2024, only for de-freezing the account of the judgmentdebtor Nos. 1 and 2.

¶130

JASMEET SINGH, J

¶131

JANUARY 19, 2024 sr

¶132

Click here to check corrigendum, if any

¶133

This is a digitally signed order.

¶134

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:10:32

¶135

$~10

¶136

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶137

- EX.P. 16/2022, EX.APPL.(OS) 2781/2022, EX.APPL.(OS) 841/2023

¶138

SMT MEENAKSHI OBERG ..... Decree Holder Through: Mr Vikrant Arora, Adv. (through VC) Decree-holder in person.

¶139

versus

¶140

SHRI BRIJESH SINGH CHAUHAN ..... Judgement Debtor Through: Ms Merlin Mathew, Adv.

¶141

CORAM:

¶142

HON'BLE MR. JUSTICE JASMEET SINGH O R D E R

¶143

% 19.01.2024

¶144

Pursuant to the last order, all the documents have been handed over by the judgment-debtor to the decree-holder.

¶145

In addition, the decree-holder who is present in Court states that her travel schedule for Delhi will be shared with the judgment-debtor in advance. There is one GPA which is required to be registered. After passing of the order by the Deputy Commissioner, the order will be shared with the decree-holder and the decree-holder will indicate her tentative plan to visit Delhi so that a date can be fixed before the Sub Registrar for registration of the GPA.

¶146

All other documents have been submitted.

¶147

For the said reasons and binding the decree-holder to the assurance given in Court, the execution petition is disposed of.

¶148

JASMEET SINGH, J JANUARY 19, 2024/ sr Click here to check corrigendum, if any

¶149

¶150

$~36

¶151

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶152

- OMP (ENF.) (COMM.) 187/2023, EX.APPL.(OS) 1207/2023, EX.APPL.(OS) 1208/2023

¶153

LARSEN AND TOUBRO LTD ..... Decree Holder Through: Mr Dhirendra Negi and Ms Tanya Tiwari, Advs.

¶154

versus

¶155

NTPC LIMITED ..... Judgement Debtor Through: Mr Adarsh Tripathi, Mr Vikram S. Baid and Mr Ajitesh Garg, Advs. (through VC)

¶156

CORAM:

¶157

HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 19.01.2024

¶158

Mr Tripathi, learned counsel appears for the judgment-debtor. He seeks and is granted four weeks to file a reply. In addition, the judgmentdebtor shall also disclose on affidavit its assets and in case the payment is not made to the decree-holder before the next date of hearing, the assets may be attached.

¶159

Mr Tripathi, learned counsel for the judgment-debtor states that the awarded amount shall be deposited in Court without prejudice to the rights and contentions of the judgment-debtor. Let the needful be done within a period of six weeks from today in the name of the Registrar General, Delhi High Court who shall put the same in a fixed deposit.

¶160

List on 03.04.2024.

¶161

JASMEET SINGH, J JANUARY 19, 2024/ sr Click here to check corrigendum, if any

¶162

Lloyd Shoes Gmbh Germany and Anr. v. Sara Soule Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Lloyd Shoes Gmbh Germany and Anr. v. Sara Soule Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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