Unisonn Infrastructures vs Gammon Engineers Contractors Pvt Ltd
2025 Latest Caselaw 5916 Bom

Bombay High Court

Unisonn Infrastructures vs Gammon Engineers Contractors Pvt Ltd on 20 September, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                      4-COMEXL-28531-2023.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by

KANCHAN
           KANCHAN
           PRASHANT
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
PRASHANT   DHURI
DHURI      Date:
           2025.09.20
           19:53:48
                                                       IN ITS COMMERCIAL DIVISION
           +0530

                             COMMERCIAL EXECUTION APPLICATION (L) NO. 28531 OF 2023
                         Unisonn Infrastructures                                  ... Applicant
                                  Versus
                         Gammon Engineers Contractors Pvt Ltd                     ... Respondent
                                                           WITH
                                         INTERIM APPLICATION NO. 493 OF 2024
                                                            IN
                             COMMERCIAL EXECUTION APPLICATION (L) NO. 747 OF 2024
                                                           WITH
                                        INTERIM APPLICATION NO. 4110 OF 2025
                                                            IN
                                         INTERIM APPLICATION NO. 493 OF 2024
                                                           WITH
                                        INTERIM APPLICATION NO. 1988 OF 2024
                                                            IN
                            COMMERCIAL EXECUTION APPLICATION (L) NO. 38190 OF 2022
                                                         ............
                         Mr. Nirman Sharma alongwith Ms. Nandita Bajpai, Advocate for the
                         Applicant in COMEXL-28531-2023.
                         Mr. Mohit Advani alongwith Mr. Amit Mishra instructed by Dhaval
                         Vussonji & Associates, Advocate for the Applicant in IA-1988-2024.
                         Mr. Neeraj Jain alongwith Ms. Bhavika Thakkar (through VC)
                         instructed by SSB Legal & Advisory, Advocate for the Applicant in IA-
                         493-2024 and for the Respondent in IA-4110-2025.
                         Mr. P.G. Sabnis alongwith Ms. Kashmira Khedekar, Advocate for the
                         Judgment Debtor in COMEXL-28531-2023.
                         Mr. Sharad Bansal alongwith Mr. Laxman Jain instructed by Mr.
                         Jitendra Jain, Advocate for the Respondent in IA-493-2024.
                         Mr. P.G. Sabnis, Advocate for the Respondent in COMEXL-28531-2023.
                         Mr. Saurabh Oka (through VC), Advocate for the Respondent.
                         Mr. Aditya Thakkar, Amicus Curiae, present.
                                                         ............


                         Kanchan Dhuri                                                                      1/2




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                                                                   4-COMEXL-28531-2023.doc




                                         CORAM       :        ABHAY AHUJA, J.

                                         DATE        :        20 SEPTEMBER 2025
 P.C. :

1. Mr. Sharma, learned Counsel for the Execution Applicant in

Commercial Execution Application (L) No.28531 of 2023 and Mr.

Sabnis, learned Counsel for the Judgment Debtor as well as the learned

Amicus Curiae have concluded their arguments with respect to the

issue of jurisdiction of this Court, which has been raised as a

preliminary objection by Mr. Sabnis, as the amount of the award is less

than 10 Crores and on the ground that Section 36(1) of the Arbitration

and Conciliation Act, 1996 (the "Act") does not contemplate the Court

referred to in Section 2(1)(e) of the Act as the executing Court.

2. For the learned Counsel in Commercial Execution Application

(L) No. 747 of 2024 and Commercial Execution Application (L) No.

38190 of 2022 and in the connected Applications to address the Court,

list on 17th November 2025 at 4.00 p.m. as Part-Heard.

3. Parties to obtain registered numbers by the next date.

4. The learned Counsel who have concluded their arguments,

are at liberty to file written submissions/additional written

submission(s).

(ABHAY AHUJA, J.)