Schindler India Private Limited vs Shreedham Builders And 3 Ors
2024 Latest Caselaw 6843 Bom

Bombay High Court

Schindler India Private Limited vs Shreedham Builders And 3 Ors on 4 March, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                            913-IA(L)-14527-2022.doc


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

                  INTERIM APPLICATION (L) NO.14527 OF 2022
                                    IN
                 EXECUTION APPLICATION (L) NO.14522 OF 2022

 SCHINDLER INDIA PRIVATE LIMITED                        )...APPLICANT

          V/s.
 SHREEDHAM BUILDERS AND OTHERS                          )...RESPONDENTS

 Ms.Shraddha Chheda i/by Navdeep Vora and Associates, Advocate for
 the Applicant.
 Mr.Ajit Anekar, through Video Conferencing a/w. Mr.S.Sawhney i/by
 Auris Legal, Advocate for the Respondents no.1 to 3.

                               CORAM     :     ABHAY AHUJA, J.

                               DATE      :     4th MARCH 2024

 P.C. :

1. When the matter is called out today, Mr.Anekar, learned Counsel,

appears for the Respondents/Judgment Debtors and submits that reply

has been filed on behalf of the Judgment Debtors. Learned Counsel

submits that the Judgment Debtors have raised an issue of

maintainability of the Execution Application submitting that the

Execution Application has been filed prior to the Award having become

enforceable. Learned Counsel draws the attention of this Court to

913-IA(L)-14527-2022.doc

Section 36(1) of the Arbitration and Conciliation Act, 1996 as well as

to paragraph 3 of the affidavit in support of the Application in support

of his contention.

2. Ms.Chheda, learned Counsel for the Applicant, seeks some time

to file rejoinder to the affidavit in reply. Let the affidavit in rejoinder be

filed by 14th March 2024 with a copy to the other side.

3. List on 20th March 2024.

(ABHAY AHUJA, J.)