Bombay High Court
Marie Gold Realtors Private Limited vs Regus South Mumbai Business Centre ... on 23 July, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
12-IA(L)-9222-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 9222 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 9168 OF 2021
Marie Gold Realtors Private Limited ... Applicant
V/s.
Regus South Mumbai Business Centre Pvt. Ltd. & Ors. ... Respondents
Ms. Varshini Sunder, i/b. Khaitan & Co, Advocate for the Applicant.
Ms. Amrita Dubey, a/w. Sandeep Rebari. i/b. Kochhar & Co, Advocate
for Respondent No.1.
CORAM : ABHAY AHUJA, J.
DATE : 23rd JULY, 2024
P.C. :
1. This Interim Application has been listed seeking execution of
award dated 18th October 2019. Ms. Sunder, learned Advocate
appearing for the Applicant submits that earlier, pursuant to orders of
this Court disclosure affidavit has been filed, however no payment has
been received till date. That therefore, the Applicant was seeking to file
an Application for arrest of the Directors of the Respondent No.1.
However, learned counsel submits that the said Application has not
been accepted by the online system of the High Court. Learned counsel
seeks to tender across the bar various acknowledgments dated 18 th
April 2024, 13th April 2024 and 17th July 2024, in support of her
Ganesh Lokhande, PA 1/3
::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 05:33:43 :::
12-IA(L)-9222-2021.doc
contention and seeks directions from this Court to the Registry to
accept the said Application. Ms. Sunder submits that the said
Application has already been served upon Respondent No.1.
2. Ms. Dubey, learned counsel appearing for the Respondent
No.1 submits that there is an application under Section 34 of the
Arbitration and Conciliation Act, 1996, which is pending in this Court,
and also an Interim Application under Section 36 for the stay of the
award, which are yet to be listed as circulation has not yet been
pursued. Ms. Dubey further submits that adequate disclosures have
been made in the disclosure affidavit filed earlier, and that there would
be no need to arrest the Directors. However, learned counsel submits
that since the Application though received by her client is not yet filed,
she has instructions to file an appropriate response to the said
Application by the next date.
3. I have heard the learned counsel and pass the following
order:
ORDER
i. The Registry is directed to accept the Application sought to be filed by the Applicant; ii. Let the response to the said Application be filed by the Digitally signed by GANESH GANESH SUBHASH SUBHASH LOKHANDE next date by the Respondents. LOKHANDE Date:
2024.07.24 19:52:20 +0530 Ganesh Lokhande, PA 2/3 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 05:33:43 ::: 12-IA(L)-9222-2021.doc
4. As far as the Interim Application (L) No. 9222 of 2021 is concerned, the Applicant file Affidavits/Additional Affidavits in response to it by the next date with a copy to other side.
5. List the matter on 3rd September 2024.
(ABHAY AHUJA, J.) Ganesh Lokhande, PA 3/3 ::: Uploaded on - 24/07/2024 ::: Downloaded on - 25/07/2024 05:33:43 :::