Atlanta Limited vs Jalgoan Municipal Corporation
2025 Latest Caselaw 6494 Bom

Bombay High Court

Atlanta Limited vs Jalgoan Municipal Corporation on 6 October, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                 24-IA-2681-2025.doc


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

                                  INTERIM APPLICATION NO. 2681 OF 2025
                                                   IN
                             COMMERCIAL EXECUTION APPLICATION NO. 67 OF 2024

                    ATLANTAA LIMITED                                      )...APPLICANT
                                                  IN THE MATTER BETWEEN
                    ATLANTAA LIMITED                                      )...DECREE HOLDER
                             V/s.
                    JALGAON MUNICIPAL CORPORATION                         ).JUDGMENT DEBTOR

                    Ms.Aparna Devkar, Advocate for the Applicant / Decree Holder.
                    Mr.Jitendra Gaikwad, Advocate for the Respondent/Judgment Debtor.

                                                    CORAM    :    ABHAY AHUJA, J.

                                                    DATE     :    6th OCTOBER 2025

                    P.C. :

1. When the matter is called out, Ms.Aparna Devkar, learned

Counsel, appears for the Applicant-Decree holder and submits that the

order dated 18th August 2025 has not been complied with viz. the

Respondent-Corporation has not deposited the amount directed by this

Court to be deposited vide paragraph 4 of the order dated 18 th August

2025. Ms.Devkar submits that in view of the breach of the order of this

Court, a notice had also been issued on behalf of the Applicant, ARTI VILAS KHATATE however, no amount has been deposited despite that. That, therefore,

24-IA-2681-2025.doc

a Contempt Petition is in the process of being filed against the Jalgaon

Municipal Corporation.

2. Mr.Jitendra Gaikwad, learned Counsel, appears for the Jalgaon

Municipal Corporation and submits that the amount could not be

deposited as there are other payments that the Corporation has to

make and only after a meeting is held of the functionaries of the

Corporation, the payment to the Applicant will be considered and seeks

one last chance to comply with the order of this Court.

3. Ms.Devkar submits that against the award, a Petition under

Section 34 of the Arbitration and Conciliation Act, 1996, was filed,

which has also been dismissed and that this Court may pass appropriate

orders keeping in mind the conduct of the Respondent-Corporation.

4. This Court on 18th August 2025 had passed the following order:

"1. Pursuant to the order dated 19th June 2025, today when the matter is called out, Mr. Gaikwad, learned Counsel, appears for the Respondent and instead of informing this Court, as to when outstanding decretal amount will be paid to the Applicant, the learned Counsel submits that the Respondent-Corporation would be filing an appeal against the order/decree of the District Court. It had been recorded in the order dated 19th June 2025 that the Award is of the year 2006 and the amount of over Rs.10 crores is due.

24-IA-2681-2025.doc

2. It is submitted on behalf of the Applicant that the order upholding the Award has not been challenged till date and that there is no stay also on the execution of the said award and that therefore this Court direct deposit of the award amount alongwith the accrued interest as per the arbitral award.

3. Ms. Devkar tenders across the bar a calculation with respect to the award amount and the interest till 16th August 2025, which is taken on record and marked 'X' for the purposes of identification.

4. Having heard the learned Counsel and having considered their submissions, this court directs the Respondent- Corporation to deposit Rs.1,11,5,44,760/- in this Court within a period of six weeks. After the amount is deposited, liberty to the Applicant to circulate the / press the application for withdrawal of the same.

5. List on 6th October 2025."

5. Today, Mr.Jitendra Gaikwad appears for the Respondent-

Corporation and has made the aforesaid submissions. This Court is

quite surprised at such submissions being made on behalf of a

Municipal Corporation. Instead of depositing the money in Court, a

casual approach has been taken. No responsible officer of the

Corporation is present in Court, despite the order being passed on 18 th

August 2025 and kept today viz. on 6 th October 2025. Mr.Gaikwad has,

however, sought one last chance to comply with the order of this Court.

It is once again noted that there is no stay on the execution of the

award.

24-IA-2681-2025.doc

6. Having heard the learned Counsel and having considered the

submissions and only and only as and by way of last chance to the

Respondent-Corporation to comply with the order of this Court, this

Court directs the Respondent-Corporation to deposit Rs.111,544,760/-

along with accrued interest in this Court, not later than four weeks.

7. If the aforesaid order is not complied with, this Court directs

Mr.Dyaneshwar Dhere, Municipal Commissioner of Jalgaon Municipal

Corporation to remain present in Court on the next date, failing which,

this Court will be constrained to pass orders entirely at the peril of the

Municipal Commissioner / Jalgaon Municipal Corporation.

8. List on 24th November 2025.

(ABHAY AHUJA, J.)