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2018 Supreme(Del) 914

JAYANT NATH
DAIICHI SANKYO COMPANY LIMITED – Appellant
Versus
MALVINDER MOHAN SINGH – Respondent


Advocates Appeared:
For the Petitioner: Mr.Gopal Subramanium, Sr. Adv. Mr.Arvind Nigam, Sr.Adv. and Mr.Arun Kathpalia, Sr. Adv. with Mr.Amit Mishra, Mr.Mohit Singh, Ms.Hima Lawrence, Mr.Akshay Puri, Mr.Abhijeet Sinha, Mr.Keshav Raychaudhuri, Mr.Rohan Jaitley, Mr.Aditya Shankar, Mr.Mikhil Sharda, Mr.Jayvardhan Singh, Mr.Shivam Pandey, Ms.Samridhi Hota & Mr.Samaksh Goyal, Advs.
For the Respondent:Mr.Harish N.Salve, Sr.Advocate with Ms.Anuradha Dutt, Ms.Fereshte D.Sethna, Ms.Vijaylakshmi Menon, Ms.Ekta Kapil, Ms.Neeharika Aggarwal, Ms.Akanshsa Banerjee, Mr.Anirudh Bakhru & Mr.Chaitanya Kaushik, Advs. Mr.Sandeep Sethi, Sr.Adv. with Mr.Siddharth Aggarwal, Mr.Rohit Chaudhary and Ms.Preeti Kohli, Mr.Neeraj Kishan Kaul, Sr.Adv. with Mr.Varun Mishra, Mr.Rajeev Nayyar, Sr. Advocate with Mr.Varun Misra, Adv.

JUDGMENT :

JAYANT NATH, J.

1. This petition has been filed under Part II of The Arbitration and Conciliation Act,1996 by the petitioner M/s.Daiichi Sankyo Company Limited seeking enforcement and execution of the Foreign Award dated 29th April 2016 passed by the Majority Arbitral Tribunal comprising of Mr.Karyl Nairn QC and Professor Lawrence G.Boo (a dissenting award being given by Justice (Retd.) A.M.Ahmadi). By the present judgment, I will decide the objections under section 48 of The Arbitration and Conciliation Act, 1996 filed by the respective respondents to enforcement of the Award. Separate objections have been filed by Respondents No.1 to 3, Respondent No.4, Respondents No.6 and 7, Respondent No.8, Respondents No.5 and 9 to 12 (minors) and by Respondents No.14 to 19 and Respondent No.20 respectively.

2. The controversy revolves around a Share Purchase and Share Subscription Agreement (hereinafter referred to as SPSSA) dated 11.6.2008 whereby the petitioner agreed to purchase from the respondents their total stake in Ranbaxy Laboratories Limited (hereinafter referred to as “Ranbaxy”) for a transaction valued at INR 198 billion (approximately 4.6 billion US dollars).

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