Bombay High Court
Schindler India Private Limited vs Shreedham Builders And 3 Ors on 4 March, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
913-IA(L)-14527-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.14527 OF 2022
IN
EXECUTION APPLICATION (L) NO.14522 OF 2022
SCHINDLER INDIA PRIVATE LIMITED )...APPLICANT
V/s.
SHREEDHAM BUILDERS AND OTHERS )...RESPONDENTS
Ms.Shraddha Chheda i/by Navdeep Vora and Associates, Advocate for
the Applicant.
Mr.Ajit Anekar, through Video Conferencing a/w. Mr.S.Sawhney i/by
Auris Legal, Advocate for the Respondents no.1 to 3.
CORAM : ABHAY AHUJA, J.
DATE : 4th MARCH 2024 P.C. :
1. When the matter is called out today, Mr.Anekar, learned Counsel, appears for the Respondents/Judgment Debtors and submits that reply has been filed on behalf of the Judgment Debtors. Learned Counsel submits that the Judgment Debtors have raised an issue of maintainability of the Execution Application submitting that the Execution Application has been filed prior to the Award having become enforceable. Learned Counsel draws the attention of this Court to avk 1/2 ::: Uploaded on - 04/03/2024 ::: Downloaded on - 05/03/2024 12:32:43 ::: 913-IA(L)-14527-2022.doc Section 36(1) of the Arbitration and Conciliation Act, 1996 as well as to paragraph 3 of the affidavit in support of the Application in support of his contention.
2. Ms.Chheda, learned Counsel for the Applicant, seeks some time to file rejoinder to the affidavit in reply. Let the affidavit in rejoinder be filed by 14th March 2024 with a copy to the other side.
3. List on 20th March 2024.
(ABHAY AHUJA, J.) avk 2/2 ::: Uploaded on - 04/03/2024 ::: Downloaded on - 05/03/2024 12:32:43 :::