Execution directions enforcing final arbitral award not appealable under Section 13(1A) Commercial Courts Act.

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 Limited) as mentioned in the schedule A hereunder, in favour of the Petitioner mentioned in the schedule A hereunder under Order XXI Rule 32 (2) read with Order XXI Rule 32 (5) of Code of Civil Procedure, 1908 and pass such further or other orders as this Hon'ble Court may deem fit and necessary and thus render justice.

3.This Award of the Arbitral Tribunal was challenged by the appellants herein in OP No.891 of 2015. By order dated 10.01.2020, the said petition was dismissed. Thereafter, the appellants filed OSA No.171 of 2020 which was dismissed by a Division Bench of this Court by order dated 05.07.2024. A further was appeal preferred before the Hon’ble Supreme Court and was dismissed at the admission stage on 17.03.2025. Thus, the Award had become final.

4.The learned Single Judge had issued the following directions:

42.In the light of the above discussion, the following directions are issued by this Court:

a)There shall be a direction to the petitioner to deposit a sum of Rs.204 Crores to the credit of E.P.No.4 of 2025, within a period of four weeks from the date of receipt of copy of this order.

b)There shall be direction to the respondents to provide all the details and documents as stated in Paragraph No.97 of the Award, as is required by the petitioner, within a period of two weeks from the date of receipt of copy of this order.

c)There shall be a direction to the petitioner to conduct due diligence in order to ensure that all the statutory mandates are complied with, which will not adversely impact the acquisition of the shares of GWL. This process shall be completed by the petitioner, within a period of four weeks from the date of receipt of all the details and documents from the respondents.

d)The entire process of providing the details and documents and conducting due diligence upon the same shall be completed and necessary steps shall be taken by the respondents to transfer the share holdings (share and debentures) held by them with GWL Properties Limited, within a period of eight weeks from the date of receipt of copy of this order.

e)On such transfer of shares, the respondents will be entitled to withdraw the amount deposited by the petitioner to the account of the E.P.No.4 of 2025 along with accrued interest.

f)If the respondents failed to comply with the conditions stipulated supra, the Directors/Principal Officers of the respondents Company mentioned in Schedule B annexed to the petition will be liable to be detained in the civil prison, and g)There shall be a direction to the respondents to pay a cost of Rs.2.50 Lakhs to the petitioner, within a period of eight weeks from the date of receipt of copy of this order.

43.This Execution Petition is disposed of in the above terms. No Costs.

5.Challenging these directions, the present appeal has been f