IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4689 of 2026 ==========================================================

GUJARAT METRO RAIL CORPORATION LIMITED (GMRC)

Versus CCECC -TPL JV ==========================================================

Appearance:

MR. KAMAL TRIVEDI, ADVOCATE GENERAL WITH MR ANUJ K TRIVEDI, ADVOCATE WITH MR. VINAY BAIRAGRA, ADVOCATE (6251) for the Petitioner(s) No. 1 MR. MIHIR H.JOSHI, SR.ADVOCATE WITH MR. KUNAL J.VYAS, ADVOCATE WITH MS. RHEA J. SEVAK, ADVOCATE WITH MR.CHAITYA DOSHI, ADVOCATE FOR GANDHI LAW ASSOCIATES(12275) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 13/04/2026

ORAL ORDER

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

1. The present petition has been filed invoking extra- ordinary supervisory jurisdiction of the High Court seeking certain interim directions in the matter wherein, the proceedings for execution of the arbitral award dated 24.04.2024 is underway. The date fixed before the Commercial Court, at Gandhinagar to deal with the Commercial Execution Petition No. 37 of 2025, is today i.e., 13.04.2026.

2. Mr.Kamal Trivedi, the learned Advocate General appearing for the petitioner would submit that the entire awarded amount has been deposited with the executing court by the postdated cheques dated 13.04.2026.

3. The petitioner has also filed an application seeking stay of the arbitral award under Section 36 of the Arbitration and Conciliation Act, 1996 which is pending in the application under Section 34 before the Commercial Court at Ahmedabad wherein the next date fixed is 15.04.2026. It was submitted that the substantial hearing on Section 36 application had been conducted between August, 2025 to October, 2025 and further hearing of the said application was concluded on 17.03.2026. After conclusion of the hearing, the date fixed by the Commercial Court for pronouncement of order on Section 36 application was 30.03.2026 but the same has now been postponed to 15.04.2026.

4. It is further submitted that after conclusion of hearing on Section 36 application on 17.03.2026, a request was made to the Commercial Court at Ahmedabad to stay the proceedings of the execution court, which was refused by an order in writing produced today in the Court.

5. Be that as it may, the only apprehension raised by the learned Senior Counsel for the petitioner is that the amount deposited before the executing court with the postdated cheque dated 13.04.2026 may not be withdrawn by the respondent. To this submission, Mr.Mihir Joshi, learned Senior Counsel for the respondent would submit that as on today, no application has been filed by the respondent to seek withdrawal nor there is any order of the executing court to that respect.

6. Taking note of the above, we may only say that the postdated cheque dated 13.04.2026, be encashed by the executing court and the amount be kept to the concerned accounts of the Court.

7. The matter is posted on 20.04.2026.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J)

BINA SHAH