Mstc Limited v. Bond Gems Private Limited

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.115 OF 2014 WITH CHAMBER SUMMONS NO.819 OF 2018 IN EXECUTION APPLICATION (L) NO.1504 OF 2013 MSTC Limited ..Claimant/Applicant Vs.

Bond Gems Private Limited ..Respondent Mr. Devashish Jagirdar I/b Jayakar and Partners for Claimant/Applicant Mr. Manish Bohra a/w Mr. Veeraj Desai I/b A. S. Khan and Associates for Respondent CORAM : K.R.SHRIRAM, J.

DATE : 7th MARCH, 2019 P.C.:

CHAMBER SUMMONS NO.819 OF 2018 This chamber summons is taken out by applicant for leave to amend the execution application, by permitting applicant to add 1) Bharatkumar Popatlal Modiya and 2) Bhogilal Shah, as respondents to the execution application. Counsel states that they are the Directors of respondents and, therefore, they must be made respondents to the execution application or else grave prejudice will be caused to applicant. At the outset, I have to note that there is no award against the proposed respondents. The proposed respondents were not even parties to Meera Jadhav

2/2 chs-115-14(27).doc the arbitration proceedings. Counsel also was unable to state as to how the Directors of the company, who were not even parties to the arbitral proceedings and against whom there is not even an award, can applicant seek to execute the award against those persons. I have to also note that there is not a whisper in the affidavit in support as to why the proposed respondents are required to be added as respondents. In the circumstances, chamber summons dismissed. CHAMBER SUMMONS NO.115 OF 2014 Stand over to 28th March 2019.

(K.R. SHRIRAM, J.) Meera Jadhav