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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
Jumbo World Holdings Ltd. – Appellant
Versus
Embassy Property Development Pvt. Ltd. – Respondent
Judgment :
C.V.Karthikeyan, J.
The respondents in EP No.4 of 2025 on the file of the Commercial Division of this Court, aggrieved by the order dated 06.10.2025 are the appellants herein.
2.EP No.4 of 2025 had been filed by the respondent herein, Embassy Property Development Pvt. Ltd., against the appellants, Jumbo World Holdings Ltd., and Dandavati Investments and Trading Company Private Limited seeking to put into effect an Arbitral Award dated 31.07.2015. The relief sought in the Execution Petition was as follows:
To direct the First and Second Respondents together with Jerom Trading and Investment Limited to transfer 93.47% shareholding of GWL Properties Limited (Formerly known as Gordon Woodrroffe Limited) as mentioned in the Schedule A hereunder, in favour of the Petitioner mentioned in the Schedule A hereunder as agreed in the Share Purchase Agreement dated 21.12.2005, failing which arrest the directors or the principle officers of the Respondents company mentioned in the Schedule B hereunder or the Hon'ble Court may direct the registrar general of this Hon'ble Court to execute the transfer of 93.47% shareholding of GWL Properties Limited (Formerly known as Gordon Woodrroffe Limi
Execution directions enforcing final arbitral award not appealable under Section 13(1A) Commercial Courts Act.
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
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....
No appeal lies against Master's order in execution of arbitral award in commercial disputes; treated as Commercial Division order, restricted by Arbitration Act Section 5 and Commercial Courts Act Se....
The main legal principle established in the judgment is that the Commercial Court has the jurisdiction to execute its own decree or a decree transferred to it, where the value is above the specified ....
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
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