Cairn Energy gets French court order to seize 20 Indian govt properties in Paris: Report
New Delhi, Jul 8: In a setback to India, Britain's Cairn Energy Plc has secured a French court order to seize some 20 government properties in Paris to recover a part of the USD 1.7 billion due from New Delhi following an arbitration panel overturning levy of retrospective taxes.
The centrally located properties mostly comprise of flats, valued at more than EUR 20 million, were used by Indian government establishment in France, three people with direct knowledge of the matter said.
The French court, Tribunal judiciaire de Paris, on June 11 agreed to Cairn's application to freeze (through judicial mortgages) residential real estate owned by the Government of India in central Paris, they said adding the legal formalities for the same was completed on Wednesday evening.
While Cairn is unlikely to evict the Indian officials residing in those properties, the government cannot sell them after the court order.
A three-member international arbitration tribunal that consisted of one judge appointed by India, had in December last year unanimously overturned levy of taxes on Cairn retrospectively and ordered refund of shares sold, dividend confiscated and tax refunds withheld to recover such demand.
With the Indian government refusing to honour the award, Cairn has moved in multiple overseas jurisdictions to enforce the award by seizing Indian assets.
Last month, Cairn brought a lawsuit in the US District Court for the Southern District of New York pleading that Air India is controlled by the Indian government so much that they are 'alter egos' and the airline should be held liable for the arbitration award.
Similar lawsuits are likely to be brought in other countries, primarily with high-value assets. The arbitration award has been registered in countries such as the US, UK, Canada, Singapore, Mauritius, France and the Netherlands.
Cairn has identified USD 70 billion of Indian assets overseas for the potential seizure to collect award, which now totals to USD 1.72 billion after including interest and penalty.
While the finance ministry did not immediately offer comments on the matter, a Cairn spokesperson said: "Our strong preference remains an agreed, amicable settlement with the Government of India to draw this matter to a close, and to that end we have submitted a detailed series of proposals to them since February this year."
"However, in the absence of such a settlement, Cairn must take all necessary legal actions to protect the interests of its international shareholders," the spokesperson said without elaborating.
Sources said the French court order affects some 20 centrally located properties, belonging to the Indian government, as part of a guarantee of the debt owed to Cairn.
"This is the necessary preparatory step to taking ownership of the properties and ensures that the proceeds of any sales would be due to Cairn," one of the persons said.
Last month Cairn filed a petition with the courts in the Southern District of New York, seeking judicial confirmation that Air India, the national carrier, can be classed as the alter ego of the Indian state and thereby jointly liable for the arbitral award.
Air India has time till mid-July to file a plea contesting the Cairn lawsuit, sources said.
The Government of India, which participated in the arbitration proceeding over four years, has not accepted the award and has filed a 'setting aside' petition in a court in the Netherlands - the seat of the arbitration.
The move by Cairn is similar to a court in the British Virgin Islands ordering in December last year hotels in New York and Paris owned by Pakistan International Airlines to be used to settle a claim against Pakistan's government by a Canadian-Chilean copper company.
Crystallex International Corp had brought a similar lawsuit to attach property of Petroleos de Venezuela, S.A (PDVSA), the state-owned oil company of Venezuela, in Delaware couple of years back after the Latin American country failed to pay the firm USD 1.2 billion that an arbitration tribunal had ordered to pay in lieu of the 2011 seizing gold deposits held and developed by the firm.
In 2012, Elliott Management, a buccaneering American hedge fund that held distressed Argentine bonds, seized a handsome tall ship belonging to Argentina's navy.
Recently, French courts ruled that a stifled creditor could seize a business jet belonging to the government of Congo-Brazzaville while it was being serviced at a French airport, as well as USD 30 million from a bank account of the country's state oil company.
In May, the finance ministry said that the tribunal "improperly exercised jurisdiction over a national tax dispute that the Republic of India never offered and/or agreed to arbitrate".
The ministry called the 2006 reorganisation of Cairn's India business for listing on the local bourses as "abusive tax avoidance scheme that was a gross violation of Indian tax laws, thereby depriving Cairn's alleged investments of any protection under the India-UK bilateral investment treaty".
The Scottish firm invested in the oil and gas sector in India in 1994 and a decade later it made a huge oil discovery in Rajasthan. In 2006 it listed its Indian assets on the BSE. Five years after that the government passed retroactive tax law and billed Cairn Rs 10,247 crore plus interest and penalty for the reorganisation tied to the flotation.
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Balendra Shah's RSP makes history, registers landmark victory in Nepal elections
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Kathmandu (PTI): Rapper-turned-politician Balendra Shah's RSP is all set to form the next government in Nepal after securing sweeping victory in crucial general elections on Saturday, decimating the established parties in the politically fragile nation.
Popularly known as Balen, the 35-year-old prime ministerial candidate of the Rastriya Swatantra Party (RSP) defeated four-time prime minister KP Sharma Oli, the chair of Nepal's legacy party, the Communist Party of Nepal (Unified Marxist–Leninist) -- CPN-UML -- by a huge margin of about 50,000 votes in Jhapa-5 constituency.
Balen, 35, secured 68,348 votes against 74-year-old Oli's 18,734, the Election Commission (EC) said.
He is expected to be the next prime minister of Nepal, reflecting a public mood of rejection of established parties. The RSP, which was formed in 2022 by Ravi Lamichhane, has won 72 seats out of the 90 seats for which results were declared by 9:30 pm, according to the Election Commission (EC).
RSP's seats include a clean sweep in all 10 constituencies of Kathmandu district even as it is leading in 52 seats across the country, the EC data showed.
Legacy parties failed to convince voters for whom the major issues included fighting corruption and an end to nepotism apart from a generational change in political leadership of the Himalayan nation.
The Nepali Congress (NC) won 10 and was leading in eight seats; the CPN-(UML) won just four seats and is leading in eight; the Nepali Communist Party (NCP) won two seats and is leading in five, the Shrama Shakti Party (SSP) was leading in three seats, and the Rastriya Prajatantra Party (RPP) won one seat, the EC data showed. Among the winners is one independent.
Nepal witnessed about 60 per cent voter turnout during the March 5 elections to the House of Representatives. The counting of votes started late Thursday night and as of 9:30 pm Saturday, counting was in progress in the remaining of the total 165 constituencies, the Election Commission said.
The election was being closely watched by India, which is hoping for a stable government in the politically fragile Himalayan nation to take forward the developmental partnership between the two sides.
Prime Minister Narendra Modi on Saturday congratulated the people and government of Nepal for the successful conduct of elections. “It is heartening to see my Nepali sisters and brothers exercise their democratic rights so vibrantly. This historic milestone is a proud moment in Nepal's democratic journey,” Modi said in a post on X.
Modi also said that as a close friend and neighbour, India remains steadfast in its commitment to working closely with the people of Nepal and its new government to scale new heights of shared peace, progress and prosperity.
Oli, who too was projected as the PM face of the CPN-UML, wished Balen for a full five year tenure for his government in the Himalayan nation that has seen 14 governments in the last 18 years.
“Balen babu, congratulations for the victory. I wish your five year tenure be trouble free, successful and hearty congratulations,” Oli wrote in his social media post and attached a 2022 photo showing him gifting a tabla to Balen after the rapper-turned-politician won Kathmandu mayor's election as an independent.
The RSP, which projected Balendra Shah 'Balen' as its prime ministerial candidate and had organised its first election campaign in Janakpur in Madhesh, is heading towards a clean sweep of the province.
‘Balen’, as he is popularly known, projected himself as the “son of Madhesh” during the campaign, with the party launching the campaign with 'Ab ki bar Balendra Sarkar' (This time there will be Balendra’s government) tagline.
Of the total 32 seats in eight districts of Madhesh province, the RSP has won eight and is leading in 22 other constituencies, the EC said.
The party is also making a clean sweep in the Kathmandu Valley winning all 10 seats of Kathmandu district and two in Bhaktapur and two in Lalitpur district.
The party is also leading in the remaining one seat of the Kathmandu Valley with a huge margin, possibly as a result of a massive road show led by Balen in all 15 constituencies on the last day of the election campaign.
RSP chairman Lamichhane won with a huge margin from Chitwan-2 constituency, marking his third consecutive victory with 54,402 votes against his nearest rival NC's Mina Kumari Kharel, who received 14,564 votes.
According to the Election Commission, former prime minister and NCP leader Pushpa Kamal Dahal Prachanda won from Rukum Purba district by securing 10,240 votes against his rival Lilamani Gautam of CPN-(UML), who got 3,462 votes.
RPP's Gyanendra Shahi won from the Jumla constituency of Karnali province by defeating his closest rival Naresh Bhandari of the NCP and became the only candidate of the pro-monarchist RPP to have secured a seat in the House of Representatives.
The election also saw 10 women candidates win, nine of them from the RSP while one from NC.
Meanwhile, the RSP is also leading in proportional voting system with the party bagging 474,266 votes followed by Nepali Congress with 160,384. The CPN (UML) has received 127,841, Nepali Communist Party 65,363, the RPP 34,154, and Shrama Shakti Party 17,437 votes till now.
Out of a total of 275 members of the Parliament, 165 are being elected through direct voting, while the remaining 110 through a proportionate method.
Around 3,400 candidates were vying for 165 seats under direct voting, and 3,135 candidates for 110 seats through proportionate voting.
The Gen Z youth, through their two-day intensified protests on September 8 and 9 last year, ousted Prime Minister Oli of the CPN-(UML), who was heading a coalition government with the backing of Nepali Congress that enjoyed nearly two-thirds majority support.
Though Balen was a popular choice to lead the interim government after Oli's ouster, he declined to lead the interim administration, saying he would prefer to contest the parliamentary election for a full term.
In January, he joined the RSP and was soon declared the party's prime ministerial candidate.
The major issues raised by Gen Z before and during the election campaign were anti-corruption, good governance, an end to nepotism, generational change in political leadership, etc.
Sunil Babu Pant, former MP and a political analyst, said, “The victory of Rastriya Swatantra Party in the March 5 elections and the expectation that Balen Shah could emerge as Nepal's next Prime Minister reflects the people's deep rooted frustration with the old political order and their hope for a new direction.”
“As Balen assumes the country's leadership, his first responsibility must be to demonstrate that corruption will not be tolerated under any circumstances,” he said.
Balen will also face a complex geopolitical challenge, Pant said, adding, “He must prove that he is not a puppet of any external power, western or otherwise. Nepal's leadership must carefully balance relations with all global actors and pursue an independent foreign policy that prioritises the national interest.”
