Pra Realty Commercial Development Llp Thr. Managing Partner, Mr. Rustom Bharucha v. M/S. Astrix Realty, Thr. Partner Harish Solanki And Naresh Solanki

26-cra-556-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.556 OF 2023 Pra Realty Commercial Development LLP Through Managing Partner Rustom Bharucha ... Applicant V/s.

Astrix Realty Through its partners Harish Solanki & Anr ... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2023.10.10 15:11:18 +0530 SHABNOOR AYUB PATHAN Mr. S. S. Patwardhan i/by Ms. Mrinal A. Shelar, for applicant.

Mr. Girish Godbole, Sr. Advocate i/by Mr. Sumit Kothari a/w. Ms. Deepanshikha Godbole, for solerespondent.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 10, 2023 P.C.:

1.

By the impugned order dated 1 September 2023, the Executing Court has rejected judgment-debtor's objection that the award passed by the Arbitrator in favour of unregistered partnership firm, is not executed.

2.

The Executing Court relying on judgment in the case of M/s.Umesh Goel Versus Himachal Pradesh Co-operative Group Housing Society Ltd., reported in (2016) 11 SCC 313, rejected the objection.

26-cra-556-2023.doc 3.

On considering the observations made by the Apex Court in paragraph 30, in my opinion, the execution proceedings of award passed under the provisions of the Arbitration and Conciliation Act, 1996 would not fall within the expression "other proceedings" under Section 69 of the Indian Partnership Act, 1932. Therefore, in my opinion, the Executing Court has rightly rejected the objection raised by the applicant. There is no error of jurisdiction. 4.

The civil revision application is, therefore, rejected. No costs. (AMIT BORKAR, J.)