Bombay High Court
Urban Infrastructure Real Estate ... vs Kishor Shah And 3 Ors. And Saryu ... on 16 March, 2022
Bench: B.P. Colabawalla
p1.ia.910.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANJALI Digitally signed by
ANJALI TUSHAR
ORDINARY ORIGINAL CIVIL JURISDICTION
TUSHAR ASWALE
Date: 2022.03.16
ASWALE 15:30:16 +0530
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 910 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 139 OF
2020
Urban Infrastructure Real Estate Fund .. Applicant
IN THE MATTER BETWEEN:
Urban Infrastructure Real Estate Fund .. Applicant/
Decree Holder
Vs.
Kishor N. Shah & Ors. .. Respondents
Navroz Seervai, Senior Counsel a/w. Aditya Mehta, Arti Raghvan i/b.
Dastur Kalambi & Associates for the Applicants.
Etika Srivastava a/w. Mansi Sheth & Tresa Ajay i/b. Rashmikant &
Partners for Respondent Nos. 1 to 3.
Ashish Kamat a/w. Siddharth Nunes i/b. TRD Associates for
Respondent No.5.
Ziyad Madan a/w. Ankita Ved i/b. Vesta Legal for Respondent No.6.
Amogh Singh a/w. Yogendra Singh i/b. Jeet Gandhi for Respondent
No.7.
CORAM:- B. P. COLABAWALLA,J.
DATE :- MARCH 16, 2022.
P. C.:
Not on Board. With the consent of parties taken on Board.
Aswale 1/3
p1.ia.910.22.doc
2 When this matter is called out, Mr. Seervai tenders the draft
amendments. By this amendment, certain averments are sought to be
inserted at the end of paragraph (5) of the Interim Application.
3 Mr. Kamat, the learned advocate appearing on behalf of
Respondent No.5 submitted that the aforesaid amendment seeks to
expand the Execution Application of an Award to parties who were not
before the Arbitral Tribunal and also to canvass purported causes of
action which were never raised or available in the arbitration
proceedings. He submitted that such an amendment therefore ought not
to be allowed. Having heard Mr. Kamat on this aspect and perusing the
draft amendment, I am inclined to allow the same. It is not as if by
allowing the amendment, the Court is accepting what is stated therein
as true and correct. Further this amendment has been necessitated
because of the Affidavit-in-Reply filed by Respondent No.5.
4 In these circumstances, the draft amendment is taken on
record and marked as "X" for identification. The amendment is allowed
in terms of the draft handed in. The amendment shall be carried out on
or before 21st March, 2022 and a copy of the amended Interim
Application shall be served on the advocates for the Respondents on or
before 22nd March, 2022.
Aswale 2/3
p1.ia.910.22.doc
5 If the Respondents want to file an Affidavit-in-Reply to the
aforesaid amended Interim Application, they may do so by filing the
same on or before 28th March, 2022 and serve a copy of the same on the
advocates for the Applicants/Judgment Creditors.
6 Place the above Interim Application on board on 31 st March,
2022.
7 It is needless to clarify that the aforesaid amendment is
allowed without prejudice to all the rights and contentions of all the
Respondents in the above Interim Application. This order should not be
construed to mean that I have examined any arguments on behalf of the
Respondents on their merits and the same shall be decided in
accordance with law.
8 This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Aswale 3/3
