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2019 Supreme(Bom) 704

G.S.PATEL
Global Asia Venture Company – Appellant
Versus
Arup Parimal Deb – Respondent


Advocates Appeared:
Sharan Jagtiani, Adv., Siddharth Rathod, Adv., Riya Chopra, Adv., Nishith Desai Associates, Adv., Jyoti Sinha, Adv., Devangshu Nath, Adv., Pratiksha Basarkar, Adv., Khaitan & Co, Adv., Nitesh Jain, Adv., Juhi Mathur, Adv., Atika Vaz, Adv., Shardul Amarchand Mangaldas, Adv., Prashant Pratap, Adv., Kumar Abhishek Singh, Adv., Shubham Agrahari, Adv., Nishant Bhatiya, Adv., Jahnavi Agrawal, Adv., Nishaan Shetty, Adv., Anoma Law Group Llp, Adv., Pravin Samdani, Adv., Prathamesh Kamat, Adv., Anchal Singhania, Adv., Nivit Srivastava, Adv., Sneha Patil, Adv., Maniar Srivastava Associates, Adv., Yogesh Dandekar, Adv., Md Shahid, Adv., Mayur Khandeparkar, Adv., M.B. Kale, Adv., Juhi Bhogle, Adv., G.N.P. Legal, Adv., S.S. Prabhune, Adv.

JUDGMENT :

G.S. PATEL, J.

1. The respondents in all three execution applications question the maintainability of the claimants' execution proceedings. The objection is of territorial jurisdiction or territoriality, namely, that the respondents in execution, or the parties against whom execution is sought in these proceedings, and their assets are all outside the local limits of the jurisdiction of this Court. Therefore, the respondents argue, Section 39(4) of the Code of Civil Procedure 1908 ("the Code") will govern. Since a court that passed the decree cannot execute it against any person or property outside the local limits of its jurisdiction, therefore, these execution proceedings, although they are not in execution of a court decree but in enforcement of arbitral awards or orders under the Arbitration and Conciliation Act 1996 (as amended), cannot be maintained in this Court. The submission is that the claimants must move the local district courts for enforcement.

2. I am not today making any order at all on the merits of the execution applications or the Chamber Summonses filed for specific reliefs in each. I have clubbed these three matters together because the respondents rais








































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