Nayara Energy Limited v. Essar Exploration And Production India Limited

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 69/2024 & CM 41904/2024 NAYARA ENERGY LIMITED .....Appellant Through:

Mr Parag P. Tripathi, Sr Adv. with Ms Roohe Hina Dua, Mr Arav Pandit, Mr Harshit Khanduja, Ms Dhanakshi Gandhi and Ms Shreya Arora, Advs.

versus ESSAR EXPLORATION AND PRODUCTION INDIA LIMITED .....Respondent Through:

Mr Rajiv Nayar, Sr Adv. with Ms Amita, Ms A. Mukherjee, Ms Niyat Kohli, Ms Devika Mohan, Mr Pratham Vir, Ms Nayani Agarwal, Mr Manthan and Ms Kamakshi Puri, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 25.07.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM No.41904/2024 1.

This is an application moved on behalf of the respondent seeking correction in the order dated 18.07.2024 passed by this Court. 2.

It is pointed out by Mr Rajiv Nayar, learned senior counsel, who appears on behalf of the respondent, that a typographical error has crept in paragraph 5 of the said order, insofar as it refers to the expressions "pendency of the appeal" instead of "pendency of proceedings in the arbitral tribunal".

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3.

Mr Parag Tripathi, learned senior counsel, who appears on behalf of the appellant, says that he will have no objection if the said part of the order is corrected.

4.

To be noted, there is another error in the second line of paragraph 4 of the said order wherein the expression "also" should not have been inserted. 5.

Accordingly, paragraphs 4 and 5 of the order dated 18.07.2024 will now be read as under:

"4.

Mr Tripathi says that although in paragraph 3 of the aforesaid affidavit, it is not specifically stated that the fixed deposit created will remain unencumbered, the instructions to that effect have been issued, which are reflected in the FDR.

xxx xxx xxx 5.

Mr Tripathi emphasized, based on instructions received from Ms Roohe Hina Dua, that the fixed deposit will remain unencumbered during the pendency of proceedings in the arbitral tribunal." 6.

All other parts of the order dated 18.07.2024 shall remain unaltered. 7.

The application is, accordingly, disposed of. RAJIV SHAKDHER, J AMIT BANSAL, J JULY 25, 2024/aj Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 00:12:49