Newton Engineering And Chemicals ... vs Oil And Natural Gas Corporation ...
2023 Latest Caselaw 2524 Bom

             Digitally signed
             by JITENDRA
  JITENDRA SHANKAR
  SHANKAR NIJASURE
  NIJASURE Date:
           2023.03.15
             18:34:15 +0530




                                                                        m1-comexl-4844-2022.doc

jsn
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION
                                           IN ITS COMMERCIAL DIVISION
               COMMERCIAL EXECUTION APPLICATION (L) NO.4844 OF 2022

         Newton Engineering and Chemicals Ltd.                            ...Judg.
                                                                          Creditor /
                                                                          Applicant

                                Versus

         Oil and Natural Gas Corporation Ltd.                             ...Judg. Debtor/
                                                                          Respondent
                                                      ----------
         B. Reis, i/b. Dr. Prem Motiramani for the Applicant.
                                                      ----------

                                                      CORAM : R.I. CHAGLA J

                                                       DATE        : 15 February 2023

         ORDER :

1. Mentioned. Not on board. Taken on board.

2. By praecipe dated 14th March, 2023, the learned

Advocate for the Applicant has referred to the objections raised by

the department viz. that in view of the branch office address of the

Respondent being outside Mumbai, the Execution Application is

required to be filed in Uran. Further, there is an objection that the

name of the Director of the Respondent does not appear in the Award

m1-comexl-4844-2022.doc

and therefore, the Application cannot filed before this Court.

3. The learned Advocate appearing for the Applicant has

shown this Court the cause title of the Award which does not

mention any address against the name of the Director of the

Respondent. Accordingly, the dispensation of this objection has been

sought.

4. Having perused the Award and noting that the address

against the name of the Director of the Respondent does not appear

in the Award, the objection in this regard to this is dispensed with. In

so far as the objection that in view of the branch office address being

outside Mumbai City and therefore, Execution Application ought to

be filed in Uran, the Judgment Creditor / Applicant shall file Interim

Application seeking such dispensation of objection. In the

interregnum, the time for removal of office objection is extended by a

period of two weeks.

[R.I. CHAGLA J.]