Ethix Alloy vs Hll Lifecare Limited
2024 Latest Caselaw 25481 Bom

Bombay High Court

Ethix Alloy vs Hll Lifecare Limited on 5 September, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                         503-COMEXL-787-2024.doc


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

      COMMERCIAL EXECUTION APPLICATION (L) NO. 787 OF 2024

 Ethix Alloy                                 ... Applicant

                  V/s.

 HLL Lifecare Limited                        ... Respondent
                                   WITH
                 INTERIM APPLICATION (L) NO. 23663 OF 2024
                                    AND
           INTERIM APPLICATION (L) NO. 11013 OF 2024
                             IN
      COMMERCIAL EXECUTION APPLICATION (L) NO. 787 OF 2024
                               -------------
 Mr. Gautam Ankhad, Senior Advocate alongwith Ms. Samriddhi Lodha,
 Ms. Nishita Garg, Mr. Kenneth Marlin, Ms. Sanjana Khatri and Mr.
 Sushant Singh instructed by M/s. Advani Law LLP, Advocate for the
 Applicant.
 Mr. Chetan Kapadia, Senior Advocate alongwith Mr. Nikhilesh
 Krishnan, Ms. Pooja Gera, Mr. Rahul Soman and Mr. S. Gadgil
 instructed by Mr. Suyash More for the Respondent.
                               -------------

                                 CORAM       :       ABHAY AHUJA, J.

                                 DATE        :       5 SEPTEMBER, 2024

 P.C. :

1. Today, when the matter is called out, Mr. Ankhad, learned

Senior Counsel appears for the Applicant and submits that although the

Award is of the year 2013 and all the challenges way upto the Supreme

503-COMEXL-787-2024.doc

Court, the last being the Special Leave Petition having been dismissed

on 25th January 2024, this Court direct the Judgment Debtor to make

appropriate disclosures in accordance with prayer clause (d) to the

Interim Application.

2. Mr. Kapadia, learned Senior Counsel for the Judgment Debtor

submits that the Award is insufficiently stamped and therefore, it is not

enforceable.

3. Without prejudice to the contention of insufficient stamping

of the Award, this Court put it to Mr. Kapadia, learned Senior Counsel

for the Judgment Debtor, as to within how much time after the Award

is sufficiently stamped, the payments would be made under the Award

to the Applicant, Mr. Kapadia seeks some time to take appropriate

instructions in the matter.

4. Accordingly, list on 7th October 2024 on the Supplementary

Board.

5. Liberty to carry out corrections to the proceedings with

respect to the pagination.

(ABHAY AHUJA, J.)