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SACHIN SHANKAR MAGADUM
Godolphine India Private Limited – Appellant
Versus
UM Projects LLP – Respondent
ORDER
1. The captioned writ petition is filed by the judgment debtor feeling aggrieved by order dated 22.4.2022 passed by Executing Court thereby attaching the Bank Account of the petitioner to an extent of Rs.97,58,580/-.
2. The respondent-decree holder filed an application under Section 9 of Arbitration and conciliation Act, 1996 (for short "Act, 1996") before the Commercial Court seeking a direction against the present petitioner to pay outstanding rent and maintenance charges amounting to Rs.1,93,41,675/-. The said application was contested by the petitioner herein and the Commercial Court by order dated 4.3.2022 allowed the application.
3. Feeling aggrieved by the said order, the petitioner herein preferred a Commercial Appeal in Commercial Appeal No.140/2022. The Division Bench of this Court declined to entertain the grounds urged in the appeal and consequently, dismissed the appeal and confirmed the order passed by the Commercial Court passed under Section 9 of the Act, 1996. The Division Bench of this Court has also observed in its order that the liability of the petitioner to pay admitted rent in terms of the lease deed dated 10.6.2020 has no nexus or connection whatsoever to
The main legal point established in the judgment is the interpretation of Section 9(3) of the Arbitration and Conciliation Act, 1996 and its applicability once an application under Section 9(1) has b....
Commercial Courts are empowered to execute arbitral awards under the Arbitration and Conciliation Act, reaffirming the intent of the Commercial Courts Act for speedy resolution of commercial disputes....
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
An application under Section 9 of the Arbitration and Conciliation Act can be maintained post-arbitral award until satisfaction of the award, but the court retains discretion on whether to entertain ....
Financial transactions resembling financier dealings qualify as commercial disputes under Commercial Courts Act, requiring execution before Commercial Court.
Parties should address delays in court proceedings at the appropriate court level before seeking intervention from higher courts.
The court held that under the Arbitration and Conciliation Act, only the court that entertained the initial arbitration application has jurisdiction to enforce the award, reinforcing exclusive enforc....
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