Gujarat High Court
Gujarat State Road Transport ... vs Abhik Advertising Private Limited on 6 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/4213/2025 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4213 of 2025
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 4213 of 2025
With
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 4213 of 2025
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 3 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 4213 of 2025
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GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
ABHIK ADVERTISING PRIVATE LIMITED
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Appearance:
MR HARDIK C RAWAL(719) for the Petitioner(s) No. 1
MR.DEVARSHI H. RAWAL(16355) for the Petitioner(s) No. 1
MR. JAY KANSARA, ADV. FOR M/S WADIAGHANDY AND CO(5679) for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 06/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Having heard learned advocates for the parties and perused the record, we find that the challenge to the order of the Executing Court on the premise of territorial jurisdiction is unsustainable for the reason that the subject matter of suit lies within the territorial jurisdiction of the Executing Court.
2. Once the said ground of passing of the order Page 1 of 3 Uploaded by SAJ GEORGE(HC01069) on Fri May 09 2025 Downloaded on : Sat May 10 15:43:04 IST 2025 NEUTRAL CITATION C/SCA/4213/2025 ORDER DATED: 06/05/2025 undefined impugned dated 6.1.2025 by the Executing Court has been turned down, Mr. Hardik Rawal, learned advocate for the petitioner would submit that some indulgence be granted to the petitioner to make the deposits before the Executing Court as per directions contained in the judgment and order dated 24.2.2025 passed by the Commercial Court in Commercial Civil Misc. Application No. 165 of 2023 filed under Section 36(2) of the Arbitration & Conciliation Act, 1996 in the pending application under Section 34 of the said Act. On this submission, no plausible objection could be taken by the learned advocate for the respondent.
3. Having considered the submissions made by the learned advocate for the petitioner, we only provide that the petitioner shall deposit the amount of Rs.3,44,42,800/- before the Executing Court in two instalments of 50% each. The first instalment of 50% of the decretal amount along with upto date interest as awarded by the Executing Court in the order dated 6.1.2025 shall be deposited before the Executing Court within a period of six weeks from today.
4. The second instalment of 50% of the decretal amount along with upto date interest shall be deposited within a further period of four weeks.
5. On failure of the above, it would be open for the Executing Court to proceed in accordance with law.
Page 2 of 3 Uploaded by SAJ GEORGE(HC01069) on Fri May 09 2025 Downloaded on : Sat May 10 15:43:04 IST 2025NEUTRAL CITATION C/SCA/4213/2025 ORDER DATED: 06/05/2025 undefined
6. With the above, the direction contained in the order dated 24.2.2025 passed by the Commercial Court under Section 36(2) of the Arbitration & Conciliation Act, 1996 remained as it is.
With the above, the petition stands disposed of. The connected Civil Applications also stand disposed of, accordingly.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) SAJ GEORGE Page 3 of 3 Uploaded by SAJ GEORGE(HC01069) on Fri May 09 2025 Downloaded on : Sat May 10 15:43:04 IST 2025