Coramandel Infrastructure Pvt. ... vs Gammon Engineers And Contractors ...
2021 Latest Caselaw 10966 Bom

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                     IN ITS COMMERCIAL DIVISION


                              INTERIM APPLICATION (L) NO.10795 OF 2021
                                                   IN
                    COMMERCIAL EXECUTION APPLICATION (L) NO.10792 OF 2021


          M/s. Coramandel Infrastructure Pvt. Ltd.         .. Applicant/Decree Holder
                      v/s.
          Gammon Engineers And Contractors
          Pvt. Ltd. & Anr.                                 .. Respondents


          Mr. Prahlad Paranjape a/w Kunal Kanungo, Rahul Panjabi & Ms. Druti
          Datar for the applicant/decree holder.

          Mr. Pradnyesh G. Sabnis for the respondents.


                                                     CORAM : A. K. MENON, J.

DATED : 12TH AUGUST, 2021.

P.C. :

1. This is an application whereby the applicant seeks amongst other

reliefs disclosure of assets of the respondents-judgment debtor

pursuant to consent award dated 25th November, 2020. There is

no dispute today that the award was passed by consent of parties.

Mr. Sabnis opposes the application firstly on the ground that the

award is insufficiently stamped since the award was published in Digitally

Telangana where the stamp duty was Rs.300/- whereas in signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.08.13 11:58:05

+0530

905.ial-10795-21.doc wadhwa Maharashtra the duty payable is Rs.500/-. Preliminary

submission is that unless it is appropriately stamped, it cannot be

put into execution.

2. Mr. Sabnis then submits on the question of jurisdiction that this

court ought not to entertain the present application since the

respondent in the present case is not the owner of the property

which the applicant seeks, amongst others, to attach. He submits

that reliance placed on order of the NCLT dated 22 nd March, 2017

whereby the NCLT approved a scheme of arrangement between

the present respondent and one Gammon India Limited alone

would not justify the institution of these proceedings in this court.

His contentions are disputed by the applicant.

3. The applicant today seeks relief as set out in prayer clause (a) and

essentially seeks disclosure of all assets including bank accounts

etc. The Supreme Court in the case of Rahul S. Shah v/s. Jinendra

Kumar Gandhi [2021 SCC Online SC 341] has issued clear directions

as to the manner in which the judgment debtors have prolonged

execution proceedings and how courts could proceed to expedite

the process of execution. In the present case, the award is a

consent award. When the award was made, it was made in

Telangana and published in Telanagana and appropriate stamp

905.ial-10795-21.doc wadhwa duty was admittedly paid. Thus the Award was validly made.

Mr. Paranjape undertakes to ensure that if any deficit stamp duty

is payable under the provisions of Maharashtra Stamp Act, the

same will be paid. I am satisfied with the statement made on

behalf of the applicant that deficit duty, if any, will be paid. Prima

facie that cannot be an impediment for passing an order on this

application.

4. In view thereof, I pass the following order;

(i) There will be an ad-interim relief in terms of prayer clause (a)

of the application.

(ii) Disclosure shall be made within two weeks from today on oath

by filing a joint affidavit of a Director of this company along with

its Chief Executive Officer.

(A. K. MENON, J.)

905.ial-10795-21.doc wadhwa