Modification of Judgment dtd.

24/12/2025 in R/SCA/15273/2025

0.8310605076435303 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15273 of 2025 [On note for speaking to minutes of order dated 24/12/2025 in R/SCA/15273/2025 ]

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M/S MERIDIAN HOTELS PRIVATE LIMITED Versus M/S OYO HOTELS AND HOMES PVT. LTD. & ANR.

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Appearance:

PARAS K SUKHWANI(8284) for the Petitioner(s) No. 1 MR JEET B KARIA(11991) for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 06/02/2026

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

In the first line of first paragraph at page-2 of the judgment and order dated 24.12.2025, the number “Commercial Execution Petition No.413 of 2013” being corrected and replaced as “Commercial Execution Petition No.413 of 2023”. In the fifth line of para-40 at page 20 of the judgment, the number “Commercial Execution Petition No.143 of 2023” be corrected and replaced as “Commercial Execution Petition No.413 of 2023”.

Note for speaking to minutes is accordingly disposed of.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J)

R.S. MALEK R/SCA/15273/2025

0.8310605076435303 Reserved On : 24/11/2025 Pronounced On : 24/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15273 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY ==========================================================

Approved for Reporting Yes No ✔

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M/S MERIDIAN HOTELS PRIVATE LIMITED Versus M/S OYO HOTELS AND HOMES PVT. LTD. & ANR.

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Appearance:

PARAS K SUKHWANI, MR. CHIRAG SUKHWANI (8284) for the Petitioner(s)

No. 1 MR. A.S.VAKIL WITH MR JEET B KARIA(11991) for the Respondent(s) No.

1,2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY

CAV JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

The present petition invoking jurisdiction of the High Court under Article 227 of the Constitution of India has been filed seeking to challenge the order dated 12.08.2025 passed by the Commercial Court, Judge-Court No.7, City Civil Court & Sessions Court, R/SCA/15273/2025

0.8310605076435303 Ahmedabad in Commercial Execution Petition No. 413 of 2013, whereby the objections filed by the judgment debtor (respondents herein) vide Exh. 14 are allowed and the application vide Exh.16 filed by the judgment creditor (petitioner herein) has been rejected. The execution application has, thus, been disposed of in terms of the order of allowing the objections filed by the judgment debtor vide Exh. 14.

2. The issue raised in the present petition is about the jurisdiction of the “Court” under Section 2(1)(e) read with Section 42 of the Arbitration and Conciliation Act, 1996 (in short as ’the Act, 1996’) to entertain the application filed under Section 36 for enforcement of the arbitral award.

3. The facts, relevant to decide the controversy on hands, are that in terms of the Management Services Agreement dated 17.08.2018 and its addendum dated 13.12.2018, vide order dated 08.10.2021 passed in a petition under Section 11 of the Act, 1996, the learned sole Arbitrator had been appointed, who had passed the award dated 20.08.2022 and addendum thereto dated 29.09.2022.

4. The petitioner, being the judgment-creditor under the arbitral award, filed Commercial Execution Petition No. 413 of 2023. An application under Order XXI Rule 41 vide Exh. 16 was moved by the petitioner on 12.02.2025 before the executing court for appropriate directions to the respondents to furnish complete details of their assets