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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I. CHAGLA
Manjeet Singh T. Anand – Appellant
Versus
Nishant Enterprises Huf Thru. Its Karta – Respondent
R.I. CHAGLA, J.
1. By this Interim Application, the Applicant / Decree Holder has sought interim relief in aid of enforcement of the final Arbitral Award dated 30th November, 2023 passed by the Sole Arbitrator (“the Award”).
2. By the said Award, the Sole Arbitrator has awarded a principal decretal sum of INR 12,52,53,938/- and interest on the principal decretal sum at 10% p.a. from the date of the Award (i.e. 30th November, 2023) till actual payment against the Respondent No.1 and costs of INR 22,25,000/- against the Respondents.
3. The Respondent Nos.1 and 2 have filed a joint / common Petition under Section 34 of the Arbitration Act (Commercial Arbitration Petition No.149 of 2025), challenging the Award. By an Order dated 22nd April, 2025 read with Order dated 29th April, 2025, the execution of the said Award was stayed to the limited extent of paragraph 176(c) of the Award i.e. to the extent of “costs” component of the Award of INR 22,25,000/- conditional upon a 100% deposit of that sum, which deposit was thereafter made. Resultantly, the amount of INR 14,79,71,228/- under the Award remains admittedly unsatisfied and outstanding. There is no stay on recovery of the said am
The Karta of a Hindu Undivided Family (HUF) is personally liable for unsatisfied debts of the HUF, enabling execution against personal assets to enforce an arbitral award.
An executing court can only entertain execution petitions where the judgment debtors' assets are located within its jurisdiction; non-compliance with court orders negates claims of lack of jurisdicti....
Point of Law : Even on merits, it is not possible to hold that the respondent has made out a clear case for dismissal of the present execution petition, for want of territorial jurisdiction on the gr....
Execution of decree – Although Objector is not party to arbitral proceedings, he can seek and obtain relief if Award has not been given fairly.
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
Point of Law : Even on merits, it is not possible to hold that the respondent has made out a clear case for dismissal of the present execution petition, for want of territorial jurisdiction on the gr....
Point of law: Arbitral Award - Law permits a litigant to claim reliefs in alternative and merely because a relief claimed in the alternative has been granted cannot come in the way of impugning the d....
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