Bombay High Court
Dsm Infocom Private Limited vs Mphasis Limited on 4 March, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
909. IAL 36023-23 in COMEX 41-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 36023 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO. 41 OF 2022
DSM Infocom Private Limited ...Applicant
V/s.
MPHASIS Limited ...Respondent
Mr. Karl Shroff /b Mr. Akshay Pawar for Applicant.
Mr. Anuj Athalye with Ms. Saumaya Srinivasan i/b Legasis Partners.
CORAM : ABHAY AHUJA, J.
DATE : 4th MARCH, 2024 P.C. :
1. This interim application has been filed in execution of the part of the award dated 26th June, 2021.
2. Mr. Shroff, learned Counsel appears for the Applicant and submits that total outstanding from the Judgment Debtor is Rs. 70,10,400/- in addition to interest from 2016 onwards as contained on page 66 of the execution application. That till date no payment has been made towards satisfaction of the said award and therefore, this Court grant prayers of disclosure and injunction. Nikita Gadgil 1/3 ::: Uploaded on - 05/03/2024 ::: Downloaded on - 06/03/2024 06:50:15 :::
909. IAL 36023-23 in COMEX 41-22.doc
3. Mr. Athalye, learned Counsel appears for the Judgment Debtor and submits that against the award dated 26 th June, 2021, the Judgment Debtor as well as Judgment Creditor have filed applications under Section 34 of the Arbitration and Conciliation Act, challenging the said award and this execution or the prayer sought in the interim application cannot be granted in as much as the Applicant itself has challenged the award.
4. Mr. Shroff, learned Counsel who appears for the Applicant would submit that the execution is in respect of the Phase-I of the Contract, which was awarded in favour of the Applicant and the Section 34 application filed by the Applicant is in respect of the Phase-II of the subject Contract, which went against the Applicant and therefore, this Court can split and execute the part of the award that has been granted in favour of the Applicant.
5. Mr. Athalye, learned Counsel for the Respondent, raises a legal question and submits that the award cannot be split in execution, more so, as the Applicant itself has challenged the award by filing an application under Section 34 of the Arbitration and Conciliation Act, which is pending.
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909. IAL 36023-23 in COMEX 41-22.doc
6. Learned Counsel seeks some time to file reply to the interim application.
7. Let the reply be filed by 11 th March, 2024, with a copy to the other side. Rejoinder, if any, be filed by 18 th March, 2024, with a copy to the other side. List on 19th March, 2024.
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