Ambuj Hotel And Real Estate Pvt Ltd vs Ministry Of Railways
2024 Latest Caselaw 23793 Bom

Bombay High Court

Ambuj Hotel And Real Estate Pvt Ltd vs Ministry Of Railways on 13 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                914-IA(L)-20641-2024.doc


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

                                 INTERIM APPLICATION (L) NO. 20641 OF 2024
                                                   IN
                            COMMERCIAL EXECUTION APPLICATION (L) NO. 7534 OF 2024

                      AMBUJ HOTEL AND REAL ESTATE PVT. LTD.   )...APPLICANT /
                                                   ORI.CLAIMANT/DECREE HOLDER

                                                    IN THE MATTER BETWEEN

                      AMBUJ HOTEL AND REAL ESTATE PVT. LTD.                 )...CLAIMANT /
                                                                            DECREE HOLDER
                               V/s.
                      MINISTRY OF RAILWAYS AND ANOTHER                      )...RESPONDENTS/
                                                                            JUDGMENT DEBTOR

                      Mr.Pravin Singh, Advocate for the Applicant.
                      Mr.Suresh Kumar a/w. Ms.Jyoti Yadav, Advocate for the Respondents.

                                                      CORAM    :    ABHAY AHUJA, J.

                                                      DATE     :    13th AUGUST 2024

                      P.C. :

1. This matter was kept back in the morning session as Mr.Suresh

Kumar, learned Counsel for the Respondent-Railways was busy in

Digitally another Court.

        signed by
        ARTI
ARTI    VILAS
VILAS   KHATATE
KHATATE Date:
        2024.08.13
        17:36:11
        +0530

2. When the matter is called out in the afternoon session, upon a

query from the Court as to when the award amount would be deposited

914-IA(L)-20641-2024.doc

in the Court, Mr.Suresh Kumar, learned Counsel for the Respondent-

Railways, submits that he would take instructions with respect to the

deposit of Rs.5,08,92,300/- being the refund of the license fees paid for

the unexpired period of the license, to be deposited in this Court and as

far as Rs.2,29,53,000/- is concerned, that deposit would be considered

after the decision of the application under Section 34 of the Arbitration

and Conciliation Act, 1996, filed in this Court, challenging the said

award.

3. Mr.Singh, learned Counsel for the Applicant, submits that since

there is no stay on the award, this Court direct disclosure by the

Respondent-Railways.

4. Having heard the learned Counsel and having considered the

submissions, as of now, this Court grants time to Mr.Suresh Kumar to

revert on the payment period within which the Respondent-Railways

would be willing to deposit the award amount as contained in

paragraph 111 of the award dated 8th May 2023.

5. At his request, list on 5th September 2024.

914-IA(L)-20641-2024.doc

6. Let reply, if any, be filed by the next date, with a copy to the

other side.

(ABHAY AHUJA, J.)