Bombay High Court
Mandir Darshan Chs Ltd vs G.A.Builders Pvt Ltd on 13 March, 2023
Bench: R. I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.03.14
18:50:45 +0530
36-comexl-27602-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.27604 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO.27602 OF 2021
Mandir Darshan CHS Ltd. ...Petitioner
Versus
G.A. Builders Pvt. Ltd. ...Respondent
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Rohan Rajadhyaksha with Mohanish Chaudhari i/b. Mohanish
Chaudhari for the Judgment Creditor.
Nilesh C. Ojha with Abhishek Mishra and Sourav Khanna for GA
Builders Judgment Debtor / Original Respondent.
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CORAM : R.I. CHAGLA J
DATE : 13 MARCH, 2023
ORDER :
1. Mr. Rohan Rajadhyaksha learned Counsel appearing for
the Applicant in the Interim Application taken out in the above
Execution Application states that an order dated 5th October, 2021
has been passed under Section 17 of the Arbitration and Conciliation
Act, 1996 by the learned Arbitrator. By this Interim Application,
implementation of the order is being sought for.
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2. Mr. Ojha learned Counsel for the Respondent states that,
an Appeal had been preferred under Section 37 of the Arbitration
and Conciliation Act, 1996 from the said order dated 5th October,
2021. The Appeal had been rejected and from which an Application
has been taken out for recall of the Order.
3. The representative of M/s. Shetgiri and Associates is
present in Court and has tendered a report as directed to be filed by
the said order dated 5th October, 2021 passed by the learned
Arbitrator. The report is concerning the status and condition of the
Suit building presently standing on the subject property assessing the
work carried out on site. M/s. Shetgiri and Associates have prepared
the report pursuant thereto on 15th December, 2021 and filed in
sealed cover. The report is unsealed and contents noted and copies
shall be provided to parties to these proceedings and costs of
obtaining report shall be borne by the respective parties.
4. Considering that the Commissioner had been appointed
for limited purpose of assessing the work carried out on site as well
as status and condition of the building presently standing on the
subject property, it would be appropriate for the Commissioner to
36-comexl-27602-2021.doc
make a another site visit for ascertaining the status of the subject of
property and whether the contentions of the Applicants are correct
that there are bouncers inducted by the Respondent in subject
property. Accordingly, following order is passed:-
(i) M/s. Shetgiri and Associates shall carry out visit to the
subject property for the aforementioned purpose on or before
23rd March, 2023, by giving the notice to the parties and their
Advocates of such visit who are permitted to accompany M/s.
Shetgiri and Associates during the site visit.
(ii) M/s. Shetgiri and Associates shall file a report on or before
29th March, 2023 which shall be taken up for consideration on
that date.
(iii) The costs of the site visit shall be borne by the Applicants.
(iv) The Interim Application shall accordingly stand over to
28th March, 2023 to be placed first on high on board matters.
[R.I. CHAGLA J.]
