Urban Infrastructure Trustees Limited And ANR. v. Kishor Shah And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 399 OF 2021 IN COMMERCIAL EXECUTION APPLICATION NO. 194 OF 2020 Urban Infrastructure Trustees Ltd. & Anr.

... Judgment Creditors/ Applicants / Org. Claimants vs.

Kishor N. Shah & 2 Ors.

... Judgment Debtors / Org. Respondent Nos. 1 to 3 Mr. Aditya Mehta i/b Dastur Kalmbi and Associate for the Applicant. Ms. Ayushi Anandpara, Mr. Vishesh Malviya, Ms. Etika Srivastava, Ms. Ms. Mansi Sheth and Ms. Tresa Ajay i/b Rashmikant & Partners for Judgment Debtors.

CORAM : A. K. MENON, J.

st MARCH, 2021.

DATED : 1 P.C. :

1.

The applicant has filed the present interim application seeking leave to amend column J to the Execution Application in which the applicant seeks to execute an Arbitral Award. The Arbitral Award which is yet to achieve finality inasmuch as a petition under section 34 is said to be pending but there is no stay of execution. In the circumstances there is no occasion to decline the relief in the interim application. I pass the following order :

Digitally signed by Rajeshwari R. Pillai Date:

2021.03.02 11:13:21 +0530 Rajeshwari R. Pillai 1/2 30-IAL-2543-2020-COMEX-194-2020.doc rrpillai

(i) Interim application is made absolute in terms of prayer clause (a) and (b).

(ii) The Court has not examined the merits of the applicants contention in the interim application.

(A. K. MENON, J.) 2/2 30-IAL-2543-2020-COMEX-194-2020.doc rrpillai