Gujarat Jhm Hotels Ltd vs Rajasthali Resorts And Studios Limited on 17 January, 2023
Which makes it clear that decree will either be executed
by the court, who has passed the decree or by the court to whom
it is sent for execution. There is also not a dispute that so for the
court under Section 2(1) (e) of the Arbitration and Conciliation
Act, 1996, specifies it as the principle Civil Court of original
jurisdiction in a district and the Hon'ble Rajasthan High Court in
the matter of "Ess Kay Fincorp Ltd. Vs Suresh Choudhary,
AIR 2020 Rajasthan 56", is specified the court in relation to
execution of the decree is 'the Commercial Court'. With due
respect to the arguments and authorities submitted, this court in
its humble opinion taken a view and as per the learned counsel
Shri Anil Gupta that view has been challenged before the
Hon'ble High Court of Rajasthan and when the matter is under
challenge, now this court is of the view that till any order is
being passed by the Hon'ble High Court, this court should
refrain from taking other view.