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DELHI HIGH COURT
C.HARI SHANKAR
Edelweiss Asset Reconstruction Company Limited – Appellant
Versus
GTL Infrastructure Limited – Respondent
| Table of Content |
|---|
| 1. review petition overview and context (Para 1 , 2) |
| 2. factual background of agreements and disputes (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. details of related legal proceedings (Para 12 , 13 , 14) |
| 4. court's rejection of preliminary objections (Para 15 , 16 , 17) |
| 5. edelweiss's locus standi discussed (Para 18 , 19 , 20) |
| 6. analysis of secured creditor rights (Para 21 , 22 , 23) |
| 7. modifications to arbitral tribunal's order (Para 24 , 25) |
| 8. edelweiss's arguments against subjection to tribunal (Para 26 , 27 , 28) |
| 9. gil and gtl's counterarguments (Para 29 , 30 , 31) |
| 10. court analysis and dismissal rationale for review (Para 32 , 33 , 34) |
| 11. court's view on the legitimacy of the deposit (Para 40 , 41) |
| 12. issue of jurisdiction and authority of arbitral tribunal (Para 42 , 43 , 44) |
| 13. court's refusal to revisit the order (Para 45 , 46) |
| 14. final decision on review petition (Para 55 , 56) |
JUDGMENT
(By Video Conference on account of COVID-19)
C. Hari Shankar, J. This is a somewhat unusual Review Petition, preferred by the appellant who has, otherwise, succeeded in the appeal.
2. The Review Petition seeks, essentially, deletion from para 56 of the judgement, dated 18th Nov
The jurisdiction of an Arbitral Tribunal does not extend to affecting rights of third-party secured creditors, who must be involved in proceedings for any directions that affect their interests.
The court emphasized that there was no provision for review of an order passed under Section 9 of the arbitration and Conciliation act, 1996, and that the petitioner's request for deletion of a concl....
The court affirmed its jurisdiction to review its orders while highlighting that a mere filing of a review petition does not grant a stay on award enforcement unless complying with statutory requirem....
An order passed by an authority without giving notice and opportunity of hearing to the affected parties is in violation of the principles of natural justice.
Interest ceased to run on the deposited amount after the dismissal of FAO No. 284/2005 on 04.12.2008.
The sufficiency of pleadings in a petition under section 9 of the Arbitration Act and the court's power to grant interim measures to secure a claim, considering the financial condition of the party a....
power enshrined under Section 151 of the Code can be exercised if there is no express provision contained in the Code or the Special Act.
The court clarified that award debtors must deposit the full awarded sum as a condition for staying enforcement, emphasizing that both public and private parties are subject to the same requirements ....
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