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2021 Supreme(Del) 1758

JYOTI SINGH
Rishima Sa Investments LIC – Appellant
Versus
Shristi Infrastructure Development Corporation Limited – Respondent


Advocates appeared:
Rajiv Nayar, Advocate, Raj Shekhar Rao, Advocate, Rajender Barot, Advocate, Abhimanyu Chopra, Advocate, Anshika Mishra, Advocate, Prabhav Shroff, Advocate, Amit K Mishra, Advocate, Harshad Pathak, Advocate, Shivam Pandey, Advocate, Mohit Singh, Advocate

JUDGMENT

Jyoti Singh, J. - Present petition has been filed under Sections 44 to 49 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act') seeking enforcement and execution of partial Award dated 30.04.2019 passed by the Arbitral Tribunal in ICC Case No.21674/CYK/PTA/ASB /HTG under 2012 Rules of Arbitration of the International Chamber of Commerce (hereinafter referred to as 'ICC').

2. When the petition was filed and was taken up on the first date of hearing, Respondents had raised a preliminary objection on the territorial jurisdiction of this Court to entertain the petition. Vide order dated 30.05.2019, this Court had expressed a prima facie view that the Delhi High Court would have territorial jurisdiction to entertain the petition and had directed Respondent No.1 to file an affidavit of its assets in Form 16A Appendix E of Code of Civil Procedure, 1908 and had restrained the Respondents from creating any third party interest or parting with possession of the hotel in question. The order was carried in appeal to the Supreme Court in Civil Appeal Nos.5696-5697/2019. While affirming the injunction granted by this Court, Supreme Court directed that the questi

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