Bombay High Court
The Government Of The State Of Israel vs Earnest Business Services Pvt Ltd ... on 9 August, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
907 CHSCD 660.19 in comex 418.19 group.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.660 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 418 OF 2019
The Government of the State of Israel ...Applicant/
through the Consul General of Israel Ori. Claimant
In the matter of
The Government of the State of Israel ...Ori.Claimant
through the Consul General of Israel
V/s.
Earnest Business Services Pvt. Ltd. ...Respondents
Peoples Co-op. Bank Ltd.) & Ors.
WITH
INTERIM APPLICATION (L) NO. 12117 OF 2021
IN
CHAMBER SUMMONS NO.660 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 418 OF 2019
Earnest Business Services Pvt. Ltd. ...Applicant
In the matter of :
The Government of the State of Israel ...Applicant
Vs.
Earnest Business Services Pvt. Ltd. ...Respondents
Peoples Co-op. Bank Ltd.) & Ors.
WITH
INTERIM APPLICATION (L) NO.5632 OF 2023
IN
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CHAMBER SUMMONS NO.660 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 418 OF 2019
Earnest Business Services Pvt. Ltd. ...Applicant
In the matter of :
The Government of the State of Israel ...Applicant
Vs.
Earnest Business Services Pvt. Ltd. ...Respondents
Peoples Co-op. Bank Ltd.) & Ors.
WITH
REVIEW PETITION (L) NO.6759 OF 2020
IN
COMMERCIAL ARBITRATION PETITION NO.758 OF 2019
Earnest Business Services Pvt. Ltd. ...Petitioners
Peoples Co-op. Bank Ltd.) & Ors.
V/s
The Government of the State of Israel ...Respondents
& Anr.
WITH
INTERIM APPLICATION (L) NO. 6761 OF 2020
IN
REVIEW PETITION (L) NO.6759 OF 2020
IN
COMMERCIAL ARBITRATION PETITION NO.758 OF 2019
Earnest Business Services Pvt. Ltd. ...Applicants
Peoples Co-op. Bank Ltd.)
In the matter of :
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Earnest Business Services Pvt. Ltd. ...Petitioner
Peoples Co-op. Bank Ltd.)
V/s
The Government of the State of Israel ...Respondents
& Anr.
WITH
INTERIM APPLICATION (L) NO. 6763 OF 2020
IN
REVIEW PETITION (L) NO.6759 OF 2020
IN
COMMERCIAL ARBITRATION PETITION NO.758 OF 2019
Earnest Business Services Pvt. Ltd. ...Applicants
Peoples Co-op. Bank Ltd.)
In the matter of :
Earnest Business Services Pvt. Ltd. ...Petitioner
Peoples Co-op. Bank Ltd.)
V/s
The Government of the State of Israel ...Respondents
& Anr.
WITH
INTERIM APPLICATION (L) NO.22176 OF 2023
IN
COMMERCIAL ARBITRATION PETITION NO.758 OF 2019
Earnest Business Services Pvt. Ltd. ...Applicants
Peoples Co-op. Bank Ltd.)
In the matter of :
Earnest Business Services Pvt. Ltd. ...Petitioner
Peoples Co-op. Bank Ltd.)
V/s
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The Government of the State of Israel ...Respondents
& Anr.
Mr. Gautam Ankhad, Senior Advocate a/w Ms. Shruti Maniar, Mr.
Shrikant Pillai and Ms. Shivani Bhandary i/by M/s Sowmon & Co. for
Applicant.
Mr. Darshit Jain a/w Mr. Mihir Beradia i/b VM Legal for the
Judgment Debtor.
CORAM : MADHAV J. JAMDAR, J.
DATE : 9th August 2024
P.C. :
1. Heard learned Counsel for the Applicant/original
Claimant/Decree-holder and the learned Counsel for the Respondent
i.e. Judgment- Debtor.
2. The present Chamber Summons is taken out by the Applicant/
Decree-holder for execution of the Award dated 3 rd December 2018
passed by the learned sole Arbitrator. There is some dispute
regarding payment made by the Respondent in compliance with the
said Award.
3. Both the parties submitted that the matter be referred to the
Taxing Master, High Court, Bombay. Both the parties have tendered
Consent Minutes of Order. The same are taken on record and marked
"X" for identification. The Consent Minutes of Order reads as under:
907 CHSCD 660.19 in comex 418.19 group.doc
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"CONSENT MINUTES OF ORDER
"1. The Applicant/ Decree Holder has filed the present
Execution Application for recovery of its claim due under
the Award dated 3rd December 2018 of the Learned Sole
Arbitrator ("the Award"). The Applicant has also filed the
present Chamber Summons on 25th April 2019 seeking
reliefs as more particularly stated therein.
2. Respondent No.1 Judgment Debtor had challenged
the said Award dated 3rd December 2018 by way of
Commercial Arbitration Petition No. 758 of 2019 filed
under Section 34 of the Arbitration and Conciliation Act,
1996. Section 34 petition was dismissed on 6th
September 2019 upholding the Award dated 3rd
December 2018 and reduced the rate of interest awarded
under the said Award from 12% p.a. to 8% p.a. The
Respondent No.1's Appeal (Commercial Appeal No. 552
of 2019) filed under Section 37 of the Arbitration Act
was withdrawn on 12th December 2019.
3. Several Orders have been passed from time to time
in this Execution Application. There is a dispute on
quantification of the final amount due and payable
between the parties. Respondent No. 1 has made some
part payments. However, there is dispute on the balance
claim.
4. Today when the matter is called out, the
Applicant/ Decree Holder and Judgment Debtor are
agreeable to refer the matter to the Commissioner for
taking accounts to determine the outstanding amount
under the Award taking into consideration the various
Orders passed in the above Execution Application.
5. In light thereof, the office of the Commissioner
shall compute and determine the outstanding amounts in
accordance with the Award including various Orders
907 CHSCD 660.19 in comex 418.19 group.doc
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passed in Execution Application and the well settled law
on adjustment of interest, cost and principal amounts.
The parties are at liberty to file their representations/
excel sheet, if any on calculations, within two weeks
from today before the Commissioner. The report of the
Commissioner shall be submitted within four weeks from
today. The Commissioner shall quantify the amounts up
to the date of the Report and as of 31st August 2024.
6. All rights and contentions of the parties before this
Hon'ble Court are kept open and without prejudice to the
rights of both the parties".
4. The Commissioner for Taking Account is requested to submit
the report on or before 20th September 2024.
5. Stand over to 27th September 2024.
(MADHAV J. JAMDAR, J.)
