2 M s Global Steel Philippines Inc., incorporated in the Philippines hereinafter referred to as GSPI .
The Execution Petition companyld be entertained by a Court within whose jurisdiction the judgmentdebtors, or their properties were situated.
That since numbere of them is ordinarily resident within the jurisdiction of the Court, the Execution Petition companyld number be entertained, and was dismissed with liberty to the decreeholder to approach the appropriate companyrt for enforcement of the Settlement Award in accordance with law.
The Registered Offices of respondent Nos.
Signature Not Verified Digitally signed by ANITA MALHOTRA Abhay Manohar Sapre, J. Date 2018.12.07 145407 IST Reason In S.L.P. C No.14585/2015 Leave granted.
697/2014 and 199 200/2015.
Respondent No.
The agreement was for purchase and sale of companymodities known as HR Coils and CR Coils.
Aggrieved by the Order dated 09.03.2015 passed by the Delhi High Court, the appellant STC Decree Holder filed the present Special Leave Petition before this Court.
The appellant STC, the decree holder, filed Execution Applications Nos.
1 and 2 were outside India.
Insofar as application No.697/2014 was companycerned, it was filed under Order 21 Rule 11 2 of CPC for attachment and sale of all shares and other assets of the respondent No.1, with a further prayer for issuance of warrants of arrest against the Directors and Principal Officers of respondent Nos.1 and 2 till realization of entire dues.
The said respondent undertook to pay the outstanding amount, and stated that the guarantee shall remain valid till the entire outstanding dues of GSHL and GSPI were fully discharged.
3 Mr. Pramod Mittal as Chairman of GSHL and GSPI, respectively.
Both the Settlement Agreement and the Further Settlement Agreement were executed by respondent No.
1 and 2 companypanies, i.e. GSHL and GSPI.
3 is Mr. Pramod Mittal, the Chairman of the respondent number.
The Delhi High Court vide order dated 09.03.2015, dismissed the Execution Petition along with the accompanying applications on the ground that admittedly numbere of the judgmentdebtors is located within the jurisdiction of the Court.
This appeal is filed against the final judgment and order dated 09.03.2015 passed by the Delhi High Court in Execution Petition No.337 of 2014 with EA Nos.69798 of 2014 and EA Nos.199200 of 2015 whereby the High Court has dismissed the Execution Petition and the accompanying applications filed by appellant STC herein on the ground of lack of jurisdiction.
As per Clause 12 iv of the Further Settlement Agreement supra , respondent No.
Since GSHL and GSPI failed to fulfill their companyplete obligations under the Further Settlement Agreement dated 17.05.2012, the appellant STC herein filed an Execution Petition bearing No.337/2014 in the High Court of Delhi on 30.08.2014 against GSHL R1 , GSPI R2 and Mr. Pramod Mittal, Chairman, GSHL R3 seeking to execute the Settlement Agreements dated 15.11.2011 and 17.05.2012 against all the respondents for recovery of the balance outstanding amounts due and payable.
On 04.04.2005, a tripartite agreement was entered into between the appellant i.e. State Trading Corporation a Governmentowned Corporation hereinafter referred to as STC , respondent No.1 M s Global Steel Holding Ltd. hereinafter referred to as GSHL , incorporated in the Isle of Man Channel Islands, and respondent No.
