Bombay High Court
Gujarat Industrial Development ... vs Atlanta Limited on 27 January, 2022
Bench: B.P. Colabawalla
GANESH
SUBHASH 9-IA(L)-16218-2021.doc
LOKHANDE
Digitally signed by
GANESH SUBHASH
LOKHANDE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.01.29
17:24:19 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 16218 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION NO. 1 OF 2020
Gujarat Industrial Development Corporation .. Applicant/
Judgment Debtor
IN THE MATTER BETWEEN:
Atlanta Limited .. Claimant/
Decree Holder
Vs.
Gujarat Industrial Development Corporation .. Respondent/
Judgment Debtor
Priyanka Kapadia a/w. Rashmin Jain i/b. Kanga & Co. for the
Applicant/Judgment Debtor.
Aparna Devkar i/b. M. P. Vashi & Associates for the Respondent/ Decree
Holder.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 27th JANUARY, 2022.
(THROUGH VIDEO CONFERENCING)
P. C.:
1. This Interim Application is filed seeking the following
reliefs:
"(a) that this Hon'ble Court be pleased to stay the Execution
Proceeding being Commercial Execution Application No. 1 of
2020 filed by the Award/Decree Holder before this Hon'ble
Ganesh Lokhande 1/3
9-IA(L)-16218-2021.doc
Court for execution of an Award dated 7th June 2019 corrected
on 7th July 2019.
(b) that this Hon'ble Court be pleased to lift the attachment levied
on the Applicant's Property at Mumbai (more particularly
mentioned in paragraph 10 hereinabove), which was attached
under a Warrant for Attachment issued by this Hon'ble Court
under Order XXI Rule 54 of the Code of Civil Procedure on 4 th
March 2020 and executed on 25th September 2020.
(c) that this Hon'ble Court be pleased to recall the Precept/Letter
dated 16th January 2021 issued by the office of the Learned
Prothonotary & Senior Master of this Hon'ble Court to the
Principal District Judge, Gandhinagar;
(d) that this Hon'ble Court be pleased to lift the attachment levied
on the Applicant's Bank Accounts in Gujarat (more particulary
mentioned in paragraph 16 hereinabove), which were attached
by the District Court of Gandhinagar on basis of the
Precept/Letter dated 16th January, 2021 issued by the office of
the Learned Prothonotary & Senior Master of this Hon'ble
Court;"
2. When the above matter is called out, the learned advocate
appearing on behalf of the Judgment Creditor (Atlanta Limited) stated
that the entire amount under the Award, and which is sought to be
executed in the present proceedings, is secured by the Judgment Debtor
subject to the challenge to the said Award (dated 7 th June, 2019)
pending in the Gujarat High Court. She therefore sought leave to
withdraw the above Execution Application.
Ganesh Lokhande 2/3
9-IA(L)-16218-2021.doc
3. Considering that 50% of the amount under the Award is
already paid over to the Judgment Creditor and the balance 50% is
deposited in the Registry of the Gujarat High Court, the above
Execution Application is dismissed as withdrawn. No order as to costs.
4. In view of the withdrawal of the Execution Application,
nothing survives in Interim Application (L) No. 16218 of 2021, Interim
Application (L) No. 2735 of 2021, Judges Order No. 86 of 2020, Interim
Application (L) No. 2281 of 2021, Interim Application (L) No. 2647 of
2021, Interim Application (L) No. 4380 of 2021 and the same are
disposed of accordingly.
5. Considering that the Execution Application is itself
withdrawn, all attachments levied on any of the properties of the
Applicant (Gujarat Industrial Development Corporation) shall stand
lifted/vacated forthwith.
6. All parties to act on an authenticated copy of this order
digitally signed by the Personal Assistant /Private Secretary/Associate
of this Court.
(B. P. COLABAWALLA, J.)
Ganesh Lokhande 3/3
