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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RFA(OS) 136/2012 & C.M.Nos.12305/2014, 39987/2017

SHIJU JACOB VARGHESE & ANR.

..... Appellants

Through:

Mr.Anil Airi, Sr.Advocate with Mr.Navin

Kumar,

Ms.Rashmeet

Kaur,

Ms.Aarti

Mahto, Mr.Mudit Ruhella, Ms.Sadhana and

Ms.Bhagya Ajith, Advocates.

versus

TOWER VISION LIMITED & ORS.

..... Respondents

Through:

Mr.Dayan Krishan and Mr.Rajshekhar Rao,

Sr.Advocates

with

Mr.Susmit

Pushkar,

Mr.Anchit

Oswal,

Mr.Sanjeev

Seshadri,

Mr.Shreedhar

Kale,

Mr.Sudi

Mullick,

Mr.Yigal

Gabriel,

Mr.Meherasp

Mistry,

Ms.Meherunissa Anand, Mr.Dushyant Kale

and Ms.Roshni Srivastava, Advocates.

Reserved on

: 25^thSeptember, 2023

%

Date of Decision: 17^thOctober, 2023

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MS. JUSTICE MINI PUSHKARNA

Digitally Signed By:JASWANT

SINGH RAWAT

Signing Date:17.10.2023

18:30:18

Signature Not Verified

TABLE OF CONTENTS

Para Nos.

APPLICATION……………………………………..………………………………………………..…1

APPLICANTS-RESPONDENTS……………..………………….…………………………..…2-5

ARGUMENTS ON BEHALF OF THE APPELLANTS………………………………..6-22

Court’s Reasoning……………...…..………………………………………………..……..23-51

the court can dispose it of ………………………………………………..………..….....…...…23

cause of action no longer survives……….………………….…..…………………….....24-27

in prosecuting the appeal…………………………………………………........................28-31

the principle of comity of courts…………………………………………..……...................32

no assistance to the appellants…………..…………………………………………..…..…....33

Share entitlement does not bind respondents no.3, 4 & 5………………….…....34-37

Question of enforcement of consent order does not arise…………………….......…38

canvassed before courts in Israel…………………………………………………..........…39

Israel is misconceived……………………………………………..………………..................40

relitigation which is an abuse of process………………………………….…….....…41-49

Conclusion……………………………………………………………………………………...50-51

Digitally Signed By:JASWANT

SINGH RAWAT

Signing Date:17.10.2023

18:30:18

Signature Not Verified

J U D G M E N T

MANMOHAN, J:

CM APPL.39987/2017

1.

Present application has been filed on behalf of the Respondents under

Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) for dismissal of the

appeal on the ground that it has become infructous.

2.

Mr. Dayan Krishan and Mr. Rajshekhar Rao, learned senior counsel for the

Applicants-Respondents contended that the present appeal was infructuous in view

of the settlement of disputes between the parties as recorded in the consent order

dated 11^thMay, 2017 passed by the Tel Aviv District Court. In support of their

contention, they relied on the following facts and submissions:

2.1

A document entitled ‘Share Entitlement’ was executed in favour of

Appellant No.1 by Respondent No.2 i.e. Tower Vision Limited Partnership

through Respondent

No.1 i.e. Tower Vision Limited in its capacity as the

general partner of Respondent No.2 on 17^thOctober, 2006.

The Share

Entitlement dated 17^thOctober, 2006 is reproduced hereinbelow:-

Digitally Signed By:JASWANT

SINGH RAWAT

Signing Date:17.10.2023

18:30:18

Signature Not Verified

2.2

Though Respondent No.3, Tower Vision India Private Limited (an

Indian Company), had been incorporated prior to the date of Share Entitlement

i.e. on 27^thJanuary, 2006, yet there was no reference to the said company in this

document. As on the date of execution of Share Entitlement i.e. 17^thOctober,

2006, 99.99% shares of Respondent No.3 were held by Respondent No.4 and

0.01% (1 share) was held by Elgadcom Group Company.

2.3

On 13^thNovember, 2008, a suit being ‘Civil File No. 2192 of 2008’

was filed by the Appellants (‘Tel Aviv suit’) before the Tel Aviv District

Court against Respondents No.1 and 2, who are Israeli companies as well as

Respondent No.6 (Trustee) and Rani Benyamini (not a party in the present

proceedings), relying solely on the Share Entitlement dated 17^thOctober, 2006.

The amended reliefs claimed in the said suit are reproduced hereinbelow:-

Digitally Signed By:JASWANT

SINGH RAWAT

Signing Date:17.10.2023

18:30:18

Signature Not Verified