Unisonn Infrastructures vs Gammon Engineers Contractors Pvt Ltd
2024 Latest Caselaw 23648 Bom

Bombay High Court

Unisonn Infrastructures vs Gammon Engineers Contractors Pvt Ltd on 12 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                           913-COMEX(L)-28531-2023-14-IA-1988-2024.doc


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

                           COMMERCIAL EXECUTION APPLICATION (L) NO. 28531 OF 2023

                      UNISONN INFRASTRUCTURES                                   )...APPLICANT
                               V/s.
                      GAMMON ENGINEERS CONTRACTORS PVT.LTD.)...RESPONDENT
                                               WITH
                                INTERIM APPLICATION NO. 1988 OF 2024
                                                 IN
                        COMMERCIAL EXECUTION APPLICATION (L) NO. 38190 OF 2022


                      Ms.Nandita Bajpai i/by Dhrupad Vaghani, Advocate for the Applicant in
                      COMEXL/28531/2023.
                      Mr.P.G.Sabnis a/w. Ms.Kashmira Khedekar, Advocate for the Judgment
                      Debtor.
                      None for the Applicant in IA/1988/2024.

        Digitally
                      Mr.Saurabh Oka, Advocate for the Respondent in IA/1988/2024.
        signed by
        ARTI
ARTI    VILAS
VILAS   KHATATE
KHATATE Date:
        2024.08.12
                      Mr.Aditya Thakkar, Amicus Curiae, present in Court.
        19:16:03
        +0530




                                                    CORAM        :      ABHAY AHUJA, J.

                                                    DATE         :      12th AUGUST 2024

                      P.C. :

1. Today these matters have been listed for consideration of the

issue of jurisdiction of this Court, in view of the enhancement of the

pecuniary jurisdiction of the City Civil Court with respect to the

913-COMEX(L)-28531-2023-14-IA-1988-2024.doc

orders/decrees passed by this Court as well as the awards passed under

the Micro, Small and Medium Enterprises Development Act, 2006

(MSME Act) as well as the Arbitration and Conciliation Act, 1996.

2. Mr.Sabnis, learned Counsel appearing for the Respondent in

Commercial Execution Application (L) No.28531 of 2023 has briefly

addressed the Court on the issue of jurisdiction. Ms.Bajpai, learned

Counsel appearing for the Applicant has also briefly addressed this

Court. However, for a more comprehensive discussion on the issue,

where the learned Counsel who have raised the issue of jurisdiction,

and the learned amicus curiae, can address this Court, list along with

Interim Application No.1988 of 2024 in Commercial Execution

Application (L) No.38190 of 2022 on 5th September 2024 at 2.30 p.m.

3. Mr.Oak, learned Counsel appearing for the Respondent in Interim

Application No.1988 of 2024, to also consider and address this Court

on the issue.

4. Let a brief note be circulated in advance.

(ABHAY AHUJA, J.)