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2018 Supreme(Bom) 1016

G.S.PATEL
Nandbala Nathala Mayani – Appellant
Versus
Jaswantrai Chhaganlal Mayani – Respondent


Advocates:
Advocate Appeared:
For the Decree Holder : Mr Kamal Khata, with Mr Ashish Anand, Siddhi Vora, I/b Nityoah Suneel & Associates.
For the Judgment Debtor : Dr Abhinav Chandrachud, with Mr Akshay Udeshi, I/b Sanjay Udeshi & Co, Mr NJ Devashrayee.

ORDER :

1. There is a preliminary objection — at least that is how it is described — by the Judgment Debtor represented by Dr Chandrachud. Respondent No.1 is a partner of the Judgment Debtor firm. It is, I think, something of a misnomer to say that there is anything preliminary about this objection. The Award dated 21st January 2011 has been in execution for some time. The Execution Application itself is now seven years old. There have been Garnishee Proceedings against banks and amounts have been received in this Court. Those are the subject matter of separate orders. The Award itself was in the amount of Rs.40,57,895/- (inclusive of legal expenses of Rs.2,25,000/-).

2. The objection on behalf of the Judgment Debtors is this. According to them, following the 2015 amendment with effect from 23rd October 2015 to the Arbitration & Conciliation Act, 1996 (“the Arbitration Act”), Section 36 uses the word “Court” in quite distinct contexts in its sub-section. Section 36 of the Arbitration & Conciliation (Amendment) Act, 2015 as amended reads:

“36. Enforcement — Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provis



























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