W-02IM-2069-2010

[15] Both the Suits arise in relation to the Arbitration Award dated
2.8.2005 handed down on 30.8.2005 in the ICC arbitration
proceedings between the 1 st plaintiff and DeteAsia Holding GMBH
(‘DTAH’). The ICC found the 1 st plaintiff liable to DTAH for breach
of the Veto Rights and the Buy Out Provision in Clauses 4.1, 4.4
and 5.1(c) of the Amended and Restated Agreement dated
4.4.2002 (‘the ARSA’) between the 1 st plaintiff, the 2 nd plaintiff, TR
International Limited and DTAH. Consequent to such finding, the
Arbitral Tribunal awarded damages of USD 177,243,609 (‘the
principal sum’) with interest and costs.
[16] As we have indicated earlier, the defendants in both the Suits
have filed applications to have the proceedings set aside under
Order 12 rule 7 of the RHC and the inherent jurisdiction of the
Court. The grounds of the said applications were that:
(i)
The subject matter, issues and the facts in the Suits had
been raised and argued by the 1 st plaintiff in the ICC
Arbitration between the 1 st plaintiff and DTAH;
(ii)
The ICC arbitration culminated in a Final Award dated
2.8.2005;
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