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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M.Singh
Roger Shashoua – Appellant
Versus
Mukesh Sharma – Respondent
| Table of Content |
|---|
| 1. description of petitions and arbitral awards (Para 2 , 3 , 4 , 5 , 6 , 13) |
| 2. details of the shareholders agreement (Para 8 , 9 , 10 , 11 , 12) |
| 3. mechanism for share trading and disputes (Para 14 , 15 , 17) |
| 4. observations on proceedings (Para 30 , 35 , 50 , 253) |
| 5. conclusion regarding enforceability of awards (Para 36 , 246 , 251) |
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
Background:
2. These are two petitions filed on behalf of the Petitioners- Petitioner No.1/Roger Shashoua, Petitioner No.2/Rodemadan Holdings Limited (hereinafter, ‘Rodemadan’) and Petitioner No. 3/Stancroft Trust Limited (hereinafter, ‘Stancroft’) under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996 (hereinafter, the ‘A&C Act, 1996’),inter alia, seeking enforcement and execution of two separate foreign awards. The first award being a partial final award dated 5th January, 2010 and the second award being a final award dated 1st August, 2011.
3. The said arbitral awards were passed by the International Chamber of Commerce (‘ICC’) International Court of Arbitration (hereinafter, the ‘Arbitral Tribunal’), in the arbitral proceedings rendered betw
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