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2019 Supreme(Del) 2099

S.MURALIDHAR, TALWANT SINGH
Hassad Food Company Q. S. C. – Appellant
Versus
Reliance Asset Reconstruction Company Ltd. – Respondent


Advocates:
Advocate Appeared:
Neeraj Kishan Kaul, Adv., Sumeet Kachwdha, Adv., Samar Kachwdha, Adv., Ankit Khushu, Adv., Aayush Marwah, Adv., Shahrukh Inam, Adv., Usha Singh, Adv., Vipin Jai, Adv., Adhish Rajvanshi, Adv., V. Seshagiri, Adv., Jagriti Ahuja, Adv.

JUDGMENT :

S. MURALIDHAR, J.

1. The Petitioner, Hassad Food Company Q.S.C., which describes itself as being part of the Sovereign Wealth Fund of the State of Qatar (the Qatar Investment Authority, QIA) has filed this writ petition challenging an order dated 7th August, 2019 passed by the Debts Recovery Appellate Tribunal (Delhi) ["DRAT"] declining the prayer made by it in IA No.764 of 2019 in Appeal No.333 of 2019 for waiver of the requirement of pre-deposit under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 ("RDB Act").

2. The brief facts are that on 28th March, 2013 the Petitioner, through its subsidiary i.e. Hassad Netherlands B.V. acquired 69.5% shareholding in Bush Foods Overseas Pvt. Ltd. ("Bush Foods") Respondent No.2, whose promoter was Mr. Virkaran Awasty (Respondent No.3). It is stated that as part of the transaction, the Petitioner furnished a corporate guarantee in favour of a consortium of nine banks to the extent of 70% of the credit limit extended by the said banks to Bush Foods. It is stated that Bush Foods is currently under winding up and that a Provisional Liquidator has been appointed by this Court in Company Petition 267 of 2014. The consortium ban

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