Abhishek Talwar v. L. & T. Finance Limited and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Bom) 41

BOMBAY HIGH COURT
Dr. D. Y. Chandrachud, J
Abhishek Talwar v. L. & T. Finance Limited and Others

Table of Content
1. court admits the application and establishes factual background. (Para 1 , 2 , 5)
2. loan agreement and arbitration processes are clarified within context. (Para 3 , 4 , 6)
3. court discusses jurisdiction arguments related to execution and arbitration. (Para 7 , 15 , 16)
4. interpretation of the jurisdiction defined by s.42 is elaborated. (Para 8 , 11 , 12 , 14)
5. court's ratio on execution jurisdiction reaffirms existing legal precedents. (Para 9 , 10 , 13)
6. final ruling delivered by the court dismissing the appeal. (Para 17 , 18)

1. Admit. By consent of parties, rule is made returnable forthwith and heard finally.

2. This Appeal takes exception to the order passed by the learned single Judge dated 21 January, 2015. The impugned order was passed in a Chamber Summons taken out in execution proceedings seeking execution of an Arbitral Award passed in favour of Respondent No.1. By the impugned order, the learned single Judge negated the contention of the Appellant that this Court had no jurisdiction to entertain the Execution Application and thereafter proceeded to direct the Appellant to disclose particulars of his assets as contemplated under the provisions of the Co