Babaji Shivram Clearing And ... vs Everest Industrial Lanka (Pvt) ...
2023 Latest Caselaw 4655 Bom

2023:BHC-OS:4027



                                                                               19-IAL-9994-23.doc

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

                                   INTERIM APPLICATION (L) NO. 9994 OF 2023
                                                        IN
                                     EXECUTION APPLICATION NO. 243 OF 2023


                    Babaji Shivram Clearing & Carrier Private Ltd.        ...Applicant/
                                                                          Orig. Respondent

                            In the matter between

                    Everest Industrial Lanka (Private) Limited            ...Applicant/
                                                                          Decree Holder

                            Versus

                    Babaji Shivram Clearing & Carrier Private Ltd.        ...Respondent/
                                                                          Judgment Debtor

                                                     ----------
                    Mr. Ashishchandra Rao a/w Mr. Alok Jain, Mr. Samarth Saxena i/by
                    Economic Laws Practice for the Applicant/Original Respondent.
                    Mr. Sumit Rai a/w Ms. Prapti Kedia and Ms. Anushka Nagpal i/b
                    Agama Law Associates for the Respondent.
                                                     ----------

                                                     CORAM : R.I. CHAGLA J

                                                      DATE        : 3 May 2023

                    ORDER :

1. By this Interim Application, the Applicant/original

Respondent has sought stay of further proceedings in Execution

19-IAL-9994-23.doc

Application No. 243 of 2023 till hearing and final disposal of the

Interim Application No. 2975 of 2021 in CARBP No. 619 of 2021

filed in this Court.

2. Arbitration Petition filed under Section 34 of the

Arbitration and Conciliation Act, 1996 along with Interim Application

No. 2975 of 2021 has been listed before the Court having the

assignment in June.

3. Learned Counsel appearing for the Applicant/original

Respondent in the present Interim Application has on instructions

stated that on or before 16th May 2023 the Applicant/original

Respondent shall deposit the decretal amount of Rs. 77,95,701/-

(Rupees Seventy Seven Lakh Ninety Five Thousand Seven Hundred

One only) by way of Demand Draft with the Prothonotary & Senior

Master of this Court. Statement is accepted as an undertaking to this

Court.

4. In view of the above statement and subject to compliance

thereof, without prejudice to the rights and contentions of the parties

in CARBP No. 619 of 2021 in which Interim Application No. 2975 of

19-IAL-9994-23.doc

2021 has been taken out, the proceedings in the Execution

Application No. 243 of 2023 are stayed till hearing and final disposal

of the Interim Application No. 2975 of 2021 in CARBP No. 619 of

2021 filed in this Court.

5. Liberty to the parties to apply in the event of any

difficulty, including apply before the Vacation Court.

6. At this stage, learned Counsel appearing for the

Applicant/original Respondent has brought to the Court's attention

that in the cause title of the Execution Application, the name of the

Respondent has been incorrectly shown as "Babaji Shivram Clearing

& Carrier Ltd." and the correct name is "Babaji Shivram Clearing &

Carrier Private Ltd."

7. Leave is granted to the Applicant in Execution

Application No. 243 of 2023 to amend the cause title of the

Execution Application to correct the name of the Respondent and

which amendment shall be carried out within a period of one week

from the date of this order. Re-verification is dispensed with.

19-IAL-9994-23.doc

8. The Interim Application (L) No. 9994 of 2023 is

accordingly, disposed of.

[R.I. CHAGLA J.]