M/S. S.N. Thakkar Construction Pvt. Ltd vs Municipal Corporation Of Brihanmumbai
2024 Latest Caselaw 23645 Bom

Bombay High Court

M/S. S.N. Thakkar Construction Pvt. Ltd vs Municipal Corporation Of Brihanmumbai on 12 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                           903. EXA 2027-15 @ NL 39306-22.doc


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

                                         EXECUTION APPLICATION NO. 2027 OF 2015

                       M/s S. N. Thakkar Construction Pvt. Ltd.                            ...Applicant
                             V/s.
                       Municipal Corporation of Brihanmumbai                               ...Respondent

                                                                WITH
                                                     NOTICE (L) NO. 39306 OF 2022

                       Mr. Niranjan Kandade with Parth Katira i/b Nandu Pawar for the
                       Applicant.
                       Mr. P. G. Lad with Mrs. Pooja Yadav i/b Mr. Sunil Sonawane for the
                       Respondent-Corporation.

                                                 CORAM        :     ABHAY AHUJA, J.

                                                 DATE         :     12th AUGUST, 2024
                       P.C. :

1. When the matter is called out, Mr. Lad, learned Counsel appears

for the Respondent-Corporation and submits that Appeal Court has

dismissed the Appeal filed by the Corporation and the order of the

Single Judge has merged with the order of the Appeal Court and that,

Digitally signed by therefore, the grievance of the Applicant would have to be addressed in NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2024.08.12 14:41:03 +0530 terms of the Appeal Court order.

2. Mr. Kandade, learned Counsel appears for the Applicant and

submits that although the outstanding amount due to the Applicant is

approximately Rs. 29,18,486/- as per the Arbitral Award, however, the

903. EXA 2027-15 @ NL 39306-22.doc

officer of the Judgment Debtor-Corporation has been unable to

appreciate the calculation of interest and awarded only Rs.80,09,558/-

and therefore, this Application.

3. Mr. Lad, learned Counsel for the Respondent-Corporation seeks

some time to file appropriate affidavit in this regard.

4. Let the affidavit be filed within a period of two weeks with copy

to the other side. Rejoinder, if any, within a period of two weeks

thereafter with copy to the other side. List on 10th September, 2024.

(ABHAY AHUJA, J.)