Gujarat High Court
Welspun Specialty Solutions Limited vs Paragon Construction on 29 March, 2023
C/SCA/9051/2020 ORDER DATED: 29/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9051 of 2020
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WELSPUN SPECIALTY SOLUTIONS LIMITED
Versus
PARAGON CONSTRUCTION
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Appearance:
MRS SANGEETA PAHWA, THAKKAR AND PAHWA ADVOCATES(1357) for
the Petitioner(s) No. 1
MR NL RAMNANI(2400) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 29/03/2023
ORAL ORDER
1. Present petition is filed by the petitioner herein by challenging the impugned order dated 15.02.2020 passed below Exh.30 by the learned 5th Additional District Judge, Bharuch in Special Execution Application No.57 of 2013, in the which, application filed by the petitioner - opponent in the Execution proceedings was rejected on the ground that the execution proceedings pending at learned Court at Bharuch has no jurisdiction and it should be the competent Court, Ankleshwar.
2. It is the case of the petitioner that the property of the Page 1 of 5 Downloaded on : Mon Apr 03 20:36:23 IST 2023 C/SCA/9051/2020 ORDER DATED: 29/03/2023 petitioner company is situated within the jurisdiction of District Judge, Ankleshwar and none of the properties of petitioner are situated within the jurisdiction of District Judge, Bharuch and therefore, District Court Ankleshwar would have jurisdiction and District Court, Bharuch would not have jurisdiction. It is the case of the petitioner that the name of original opponent viz.Remy Metals was changed to RMG Alloys Steel Limited in the year 2003. It is submitted that the respondent filed application for execution of arbitration award passed against the Remy Metals before District Judge, Bharuch on 02.03.2013. It is further submitted that RMG Alloys sold the property situated at Bholav, District Bharuch to Welspun Buildtech Limited on 11.12.2015 and a sale-deed is also executed by way of Deed of Confirmation of Sale on the same day. It is further submitted that in pursuance to sale- deed, the name of Welspun Buildtech Limited was entered in the record. It is further submitted the petitioner herein has filed appeal challenging the mutation entry made in favour of Welspun Buildtech Limited and the same was rejected on 05.07.2018. It is further submitted that the petitioner filed application Exh.30 to dismiss the execution application on the Page 2 of 5 Downloaded on : Mon Apr 03 20:36:23 IST 2023 C/SCA/9051/2020 ORDER DATED: 29/03/2023 ground that the petitioner company does not have any property within the jurisdiction of District Court, Bharuch on 03.01.2019. Thereafter, on 19.08.2019, the name of RMG Alloys Steel Limited was changed to Welspun Specialties Solutions Limited vide certificate of incorporation pursuant to change of name. It is further submitted that the respondent filed reply and relied on the property located at Bholav, Taluka & District - Bharuch which is situated within the jurisdiction of Bharuch District Court. The petitioner has taken the specific contention that the said property situated at Bholav is sold to Welspun Buildtech Limited and the said property is not of Welspun Specialties Solution Limited. Though the learned Judge finds that as per copy of index at mark 36/1, Welspun Buildtech Ltd. has purchased the property from RMG Steel Alloys Limited, the learned District Judge has held that the District Court, Bharuch would have jurisdiction and accordingly, rejected the application Exh.30 of the petitioner and therefore, present petitioner is here by way of present petition.
3. Heard Ms. Sangeeta Pahwa, learned advocate appearing Page 3 of 5 Downloaded on : Mon Apr 03 20:36:23 IST 2023 C/SCA/9051/2020 ORDER DATED: 29/03/2023 on behalf of Thakkar And Pahwa Advocates for the petitioner and Mr. N.L. Ramnani, learned advocate appearing for the respondent.
4. At the outset, Mr. Ramnani has submitted that he has no objection, if it is considered that the District Court, Bharuch has no territorial jurisdiction and to entertain the execution proceedings. He has accepted the contention of the petitioner that the Court of learned Additional District Judge, Ankleshwar, if appropriate order is passed, he may file an execution proceeding before the Court and in alternative, he prays to transfer the proceedings from Bharuch to Ankleshwar.
5. Ms. Sangeeta Pahwa, learned advocate appearing for the petitioner submitted that in view of the statement made by the learned advocate appearing for the respondent, an appropriate order may be passed considering the factual aspect, more particularly, considering the fact that the respondent is agreeable and one of the contention that the District Court, Bharuch has no jurisdiction and as per the Page 4 of 5 Downloaded on : Mon Apr 03 20:36:23 IST 2023 C/SCA/9051/2020 ORDER DATED: 29/03/2023 submission of the parties, the Additional District Judge, Ankleshwar has jurisdiction to try the execution proceedings.
6. In view of the above discussion and considering the facts and circumstances, this Court is of the opinion that it is appropriate to direct the learned trial Court that the papers of the execution proceedings being Special Execution Application No.57 of 2013, which is pending before the Court of learned 5th Additional District Judge, Bharuch, shall be returned back to the respondent herein and the same application shall be presented by the present respondent - original applicant of the execution proceeding before the appropriate competent court, who has jurisdiction to try the same within a period of one month. It is further directed to the District Court, Bharuch to return the papers of the execution proceedings to the respondent herein within a period of 10 days from the date of receipt of the order.
7. With the above, present petition stands disposed of.
(SANDEEP N. BHATT,J) A. B. VAGHELA Page 5 of 5 Downloaded on : Mon Apr 03 20:36:23 IST 2023