Bajaj Auto Limited vs Executive Motors Private Limited ...
2021 Latest Caselaw 17320 Bom

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              ORDINARY ORIGINAL CIVIL JURISDICTION

                                           INTERIM APPLICATION (L) NO. 28432 OF 2021

                                                                  IN

                                 COMMERCIAL EXECUTION APPLICATION (L) NO. 28419 OF 2021



                        Bajaj Auto Limited                               ...      Applicant/
                                                                                Award Holder
                                  vs.
                        Executive Motors Pvt. Ltd.                       ...      Orig. Respondent
                                 and
                        Arun Chanda A and Ors.                           ...      Additional Respondent


                        Mr. Sharan Jagtiani and Mr. Mutahhar Khan a/w. Mr. Shriraj Dhruv and Ms.
                        Swati Sutar i/b. M/s. Dhru & Co. for the Applicant.
                        Mr. Aseem Naphade i/b. Mr. Ramiz Shaikh for Respondent no. 1.
                        Mr. Asadali Mazgaon for Respondent no. 3.
                                                                   CORAM : A. K. MENON, J.

DATED : 13th DECEMBER, 2021 P.C. :

1. The applicant- Award holder seeks relief not only against the judgment

debtor but also against promoter-directors. The promoter-directors are

represented today. The original respondent/ judgment debtor represented by

Mr.Naphade admits that there is no stay of execution of the award. In fact

there is no petition filed under section 34 to challenge the Award. The

Award is today executable and accordingly proceeding in execution is Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:

2021.12.15 10:17:06 41-IAL-28432-2021-COMEXL-28419-2021.odt +0530 rrpillai justified.

2. On behalf of additional respondent no. 3 learned Advocate appearing

today undertakes to enter appearance and file a report within one week from

today. Additional respondent nos. 1 and 2 are absent. Mr. Jagtiani states that

they are duly served. Affidavit of service shall be filed on or before

16th December, 2021. In the meanwhile these respondents will have to be

heard prior to any further prayers being considered. Accordingly I pass the

following order :

(i) Reply on behalf of additional respondent nos. 1, 2 and 3 shall

be filed on or before 22nd December, 2021.

(ii) Rejoinder, if any, to be filed on or before 4 th January, 2022.

(iii) As against respondent no.1 there will be an ad-interim order

in terms of B(I) of the interim application. Such disclosure

shall be filed on or before 22nd December, 2021.

             (iv)    List on 5th January, 2022.



                                                                     (A. K. MENON, J.)

41-IAL-28432-2021-COMEXL-28419-2021.odt rrpillai