R. V. Anderson Associates Limited vs The Municipal Corporation Of Greater ...
2024 Latest Caselaw 24583 Bom

Bombay High Court

R. V. Anderson Associates Limited vs The Municipal Corporation Of Greater ... on 21 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

    2024:BHC-OS:12768


                                                                                  2-N(L)-35360-2023.doc


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

                                             NOTICE (L) NO. 35360 OF 2023
                                                          IN
                                        EXECUTION APPLICATION NO. 1040 OF 2022

                        R. V. ANDERSON ASSOCIATES LIMITED                   )...APPLICANT
                                 V/s.
                        THE MUNICIPAL CORPORATION OF GREATER                )
                        BOMBAY                                              )...RESPONDENT

                        Mr.Naushad Engineer, Senior Advocate a/w. Ms.Shreya Jha, Mr.Vikrant
                        Shetty, Ms.Tanjul Sharma i/by Dhruve Liladhar & Co., Advocate for the
                        Applicant.
                        Mr.Girish Godbole, Senior Advocate a/w. Mr.Yashodeep Deshmukh and
                        Ms.Pooja Jadhav i/by Mr.Sunil Sonawane, Advocate for the Judgment
                        debtor - BMC.

                                                    CORAM     :    ABHAY AHUJA, J.

                                                    DATE      :    21st AUGUST 2024

                        P.C. :

1. Pursuant to order dated 18th July 2024, today when the matter Digitally signed by ARTI was called out in the morning session, this Court was informed that the ARTI VILAS VILAS KHATATE KHATATE Date:

2024.08.22 10:35:28 +0530 learned Senior Counsel for the Respondent was in another Court and

the matter was kept back.

2. In the afternoon session, when the matter is called out,

Mr.Godbole, learned Senior Counsel, appears for the Municipal

2-N(L)-35360-2023.doc

Corporation of Greater Mumbai (MCGM) and submits that the appeal

under Section 37 of the Arbitration and Conciliation Act, 1996, is

pending and the next date is 27th August 2024.

3. Mr.Engineer, learned Senior Counsel, appears for the Claimant

and submits that the notice under Order XXI Rule 22 of the Code of

Civil Procedure, 1908 ("CPC") is issued since the execution has been

filed beyond the period of two years from the date of the decree and

that it is for the Respondent to show cause as to why the execution

should not proceed. That, the fact that there is an appeal pending

under Section 37 of the Arbitration and Conciliation Act, 1996, cannot

be considered to be an explanation to the show cause notice, as to why

the execution should not proceed, and that, therefore, this Court make

the notice under Order XXI Rule 22 of the CPC absolute. Mr.Godbole

opposes to the notice under Order XXI Rule 22 of the CPC being made

absolute.

4. Having heard the learned Senior Counsel and having considered

the submissions, this Court is of the view that there being no stay to the

implementation or execution of the award dated 5 th June 2010 and

there being no satisfactory explanation as to why the execution should

2-N(L)-35360-2023.doc

not be proceeded with, the notice under Order XXI Rule 22 of the CPC

is made absolute.

5. The execution to proceed according to law.

(ABHAY AHUJA, J.)