Reliance Industries Limited vs Sachkhand Filling Station And 2 ...
2023 Latest Caselaw 4989 Bom

2023:BHC-OS:4385



                                                                               27-CARBP-559-21.doc

            Sharayu Khot.
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                           COMMERCIAL ARBITRATION PETITION NO. 559 OF 2021
                                                        WITH
                                  INTERIM APPLICATION (L) NO. 33246 OF 2022


                    Reliance Industries Limited                             ...Petitioner

                            Versus

                    Sachkhand Filling Station & Ors.                        ...Respondents

                                                       ----------
                    Mr. Firdosh Pooniwalla, Senior Counsel a/w Mr. Gaurav Thakur, Ms.
                    Aditi Kambli, Mr. Sangam Sahasrabudhe and Mr. Kshitish Madekar i/
                    by A.S. Dayal & Associates for the Petitioner.
                    Mr. Shrey Fatterpekar a/w Hamza Lakhani i/by Indian Law Alliance
                    for the Respondent Nos. 1 and 2.
                                                       ----------

                                                       CORAM : R.I. CHAGLA J

                                                         DATE       : 5 June 2023

                    ORDER :

1. The learned Counsel appearing for the parties in the

above Arbitration Petition have jointly requested for the Arbitration

Petition to be heard finally at the admission stage.

2. Urgency expressed by Mr. Pooniwalla for the Petitioner is

27-CARBP-559-21.doc

that the execution proceedings are ongoing before the District Court,

Bareilly, wherein the Respondents have already withdrawn the

principal amount awarded by the Arbitration Tribunal. He has

submitted that till Arbitration Petition be heard and disposed of, the

execution proceedings before the District Court, Bareilly be not

proceeded with.

3. Learned Counsel appearing for the Respondent Nos. 1

and 2 has informed this Court that in the execution proceedings

before the Bareilly Court, the Respondents had been allowed to

withdraw the principal amount of Rs. 1,69,38,600/- which had been

deposited in the Execution Petition No. 72 of 2019 before that Court.

This order had been challenged by the Petitioner and the challenge

was unsuccessful on account of delay.

4. Having considered the relief in the Interim Application

(L) No. 33246 of 2022, which is for the stay on the effect, operation,

implementation and execution of the impugned Award dated 27th

December 2010 as well as for the withdrawal of the amount of Rs.

1,69,38,600/- deposited in the Execution Petition No. 72 of 2019,

other than prayer clause (i) of the Interim Application, which is for

27-CARBP-559-21.doc

stay on the effect, operation, implementation and execution of the

impugned Award dated 27th December 2010, rest of the prayers have

become infructuous. This is in view of the principal amount of Rs.

1,69,38,600/- having been withdrawn by the Respondents in the

Execution Petition by the Bareilly Court.

5. In view of the joint request made by the learned Counsel

appearing for the parties, the Petition shall be heard finally at the

admission stage.

6. In the Affidavit in Reply filed on behalf of the

Respondent Nos. 1, 2 and 3 dated 29th March 2023, these

Respondents have referred to the execution proceedings still pending

before the Bareilly Court and their being entitled to an amount over

and above the amount of Rs. 1,69,38,600/- withdrawn by them.

These Respondents have further stated that they have not pressed for

any attachment before judgment in the said proceedings.

7. Considering the statement made in the Affidavit in Reply

filed on behalf of the Respondent Nos. 1, 2 and 3, till the hearing and

final disposal of the Petition, which is being heard finally at the

27-CARBP-559-21.doc

admission stage, the Respondents shall not proceed further in the

execution proceedings before the District Court, Bareilly.

8. Place the Arbitration Petition for hearing at the

admission stage on 11th July 2023 at 2.30 p.m.

9. In view of this order, Interim Application (L) No. 33246

of 2022 is disposed of.

[R.I. CHAGLA J.]