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ASHUTOSH SHASTRI, J. C. DOSHI
Man Industries (India) Limited – Appellant
Versus
Gujarat Water Supply And Sewerage Board – Respondent
JUDGMENT :
(J. C. DOSHI, J.)
1. By way of present Special Civil Applications under Article 227 of the Constitution of India read with Order 21 Rule 43 of CPC, the petitioner Challenges the orders below Exh. 9 in Commercial Execution Petition No.86 of 2022, Commercial Execution Petition No.85 of 2022 and Commercial Execution Petition No.87 of 2022 passed by the learned Principal Senior Civil Judge, Gandhinagar, whereupon the prayer made by the petitioner for issuance of warrant under Order 21 Rule 30 is denied.
2. Since all these petitions involve similar issues based on similar facts between the similar parties, with the consent of learned advocates for the respective parties, they are decided by this common order. It is further agreed by both the learned advocates for the parties to take up the facts from Special Civil Application No.4305 of 2023.
3. Case Background.
3.1 Pursuant to earthquake in the State of Gujarat, Government of India received loan from Asian Development Bank to meet with the cost of “Gujarat Earthquake Reconstruction and Rehabilitation Project” and with a intent to accomplish said object, Gujarat Water Supply and Sewerage Board (for short ‘GWSSB’), designated f
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
Execution of arbitral awards must occur in the court where the original arbitration application was filed, as per Section 42 of the Arbitration and Conciliation Act.
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
Scope to stay execution proceeding by Executing Court is limited – It is only an interim arrangement enabling the party to obtain stay order from appropriate Court, including Appellate Court.
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....
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