MERCEDES-BENZ GROUP AG (PREVIOUSLY DAIMLER AG) vs MINDA CORPORATION LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 28th January 2025 Pronounced on : 12th March 2025 + O.M.P.(EFA)(COMM.) 3/2023, EX.APPL.(OS) 408/2023 EX.APPL.(OS) 409/2023, EX.APPL.(OS) 410/2023 EX.APPL.(OS) 630/2023 EX.APPL.(OS) 1685/2023 EX.APPL.(OS) 142/2024 MERCEDES-BENZ GROUP AG (PREVIOUSLY DAIMLER AG) .....Decree Holder Through: Mr. Rajshekhar Rao, Senior Advocate; with Mr. Pallav Shukla, Mr. Aayush Chandra; Ms. Raashika Kapoor; and Mr. Arsh Rampal, Advs. versus MINDA CORPORATION LIMITED ....Judgment Debtor Through: Mr. Sandeep Sethi, Sr Adv.; Mr. Manu Krishnan, Adv.; and Ms. Shruti Arora, Adv. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This petition has been filed under Sections 44-49 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’) and Order XXI of Code of Civil Procedure, 1908 (‘CPC’) for enforcement of Foreign Signature Not Verified Digitally Signed By:MANISH KUMAR O.M.P.(EFA)(COMM.) 3/2023 Page 1 of 23 Signing Date:12.03.2025 18:27:35 Award dated 29th November 2021 passed by the Arbitral tribunal comprising of Dr. Fabian Von Schlabrendorff, Dr. Ulrich Trost, And Mr. Arne Fuchs in Stuttgart, Germany under the Rules of Arbitration of the International Chambers of Commerce, 2012 (‘ICC Rules’) in ICC Case No. 22523/FS. 2. The Award by the Arbitral Tribunal was a Consent Award arising out of differences and disputes between the parties from the Letter of Comfort dated 12th June/21st August 2013 (‘LoC’). 3. The Award Amount along with LoC has been duly authenticated in accordance with Section 47 of A&C Act. 4. Mr. Rajshekhar Rao, Senior Counsel for the Decree Holder, in support of enforcement of the foreign Arbitral Award, places the following facts before the Court. 5. In a contractual dispute between Mercedes-Benz Group A