Dsm Infocom Private Limited vs Mphasis Limited
2024 Latest Caselaw 6853 Bom

Bombay High Court

Dsm Infocom Private Limited vs Mphasis Limited on 4 March, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                   909. IAL 36023-23 in COMEX 41-22.doc


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

             INTERIM APPLICATION (L) NO. 36023 OF 2023
                               IN
          COMMERCIAL EXECUTION APPLICATION NO. 41 OF 2022

 DSM Infocom Private Limited                                              ...Applicant
      V/s.
 MPHASIS Limited                                                          ...Respondent


 Mr. Karl Shroff /b Mr. Akshay Pawar for Applicant.
 Mr. Anuj Athalye with Ms. Saumaya Srinivasan i/b Legasis Partners.

                           CORAM       :       ABHAY AHUJA, J.

                           DATE        :       4th MARCH, 2024
 P.C. :

1. This interim application has been filed in execution of the part of

the award dated 26th June, 2021.

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

submits that total outstanding from the Judgment Debtor is Rs.

70,10,400/- in addition to interest from 2016 onwards as contained on

page 66 of the execution application. That till date no payment has

been made towards satisfaction of the said award and therefore, this

Court grant prayers of disclosure and injunction.

909. IAL 36023-23 in COMEX 41-22.doc

3. Mr. Athalye, learned Counsel appears for the Judgment Debtor

and submits that against the award dated 26 th June, 2021, the

Judgment Debtor as well as Judgment Creditor have filed applications

under Section 34 of the Arbitration and Conciliation Act, challenging

the said award and this execution or the prayer sought in the interim

application cannot be granted in as much as the Applicant itself has

challenged the award.

4. Mr. Shroff, learned Counsel who appears for the Applicant would

submit that the execution is in respect of the Phase-I of the Contract,

which was awarded in favour of the Applicant and the Section 34

application filed by the Applicant is in respect of the Phase-II of the

subject Contract, which went against the Applicant and therefore, this

Court can split and execute the part of the award that has been granted

in favour of the Applicant.

5. Mr. Athalye, learned Counsel for the Respondent, raises a legal

question and submits that the award cannot be split in execution, more

so, as the Applicant itself has challenged the award by filing an

application under Section 34 of the Arbitration and Conciliation Act,

which is pending.

909. IAL 36023-23 in COMEX 41-22.doc

6. Learned Counsel seeks some time to file reply to the interim

application.

7. Let the reply be filed by 11 th March, 2024, with a copy to the

other side. Rejoinder, if any, be filed by 18 th March, 2024, with a copy

to the other side. List on 19th March, 2024.

(ABHAY AHUJA, J.)