Bombay High Court
Patel Engineering Ltd vs Government Of Maharashtra on 27 November, 2019
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
23-29.COMEXL1571_2019.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL EXECUTION APPLICATION (L) NO. 1571 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 1572 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 1573 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 1574 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 1575 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 1576 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 1577 OF 2019
Patel Engineering Ltd. ... Applicant/Award Holder
V/s.
Government of Maharashtra
(Water Resources Department) ... Respondent/Judgment Debtor
Mr. Mustafa Doctor, Senior Advocate a/w. Nishi Bhankharia,, Ritika Ajitsaria
i/b. Trilegal for the applicant.
Mr. H.B. Takke, AGP for the State.
CORAM : G.S.KULKARNI, J.
DATE : 27 November 2019 P.C.:
Office has raised an objection that the Execution Applications would not be maintainable in this Court, as the address of the respondent/judgment debtor is shown to be at Konyanagar, District Satara. Considering the position in law and more particularly, the definition of "Court" under section 2(e) r/w. 36 of Arbitration and Conciliation Act, in my opinion, this Court would have jurisdiction to entertain the Execution Applications.
1/2 ::: Uploaded on - 28/11/2019 ::: Downloaded on - 29/11/2019 00:31:52 :::
23-29.COMEXL1571_2019.doc
2. Mr. Mustafa Doctor, learned senior counsel for the applicant would be correct in placing reliance on the decision of Supreme Court in Sundaram Finance Ltd. vs. Abdul Samad & Anr.1 in no uncertain terms, has held that Execution proceedings will be maintainable before the Court within whose jurisdiction the property of the judgment debtor is situated.
3. Office is accordingly directed to number these Executions Applications, as the objection on jurisdiction now stands answered by this order.
(G.S.KULKARNI, J.) 1 (2018) 3 SCC 622 2/2 ::: Uploaded on - 28/11/2019 ::: Downloaded on - 29/11/2019 00:31:52 :::