Goodwill Theatres Pvt. Ltd. v. Reliance Media Works Ltd. And Another

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN COMMERCIAL EXECUTION APPLICATION NO. 858 OF 2019 Reliance Media Works Limited ...Applicant/ Original Respondent No. 1 In the matter between Goodwill Theatres Pvt. Limited ...Original Applicant

Versus

Reliance Media Works Limited & Anr.

...Respondents

---------- Mr. Ashish Kamat, Mr. Aanat Tripathi, i/by Naik Naik & Co., for the Applicant in IA/1/19.

Mr. Chirag Kamdar, Mr. Bipin Joshi, Mr. Prayag Joshi, for the Applicant in Execution Application.

---------- CORAM :

R.I. CHAGLA J.

DATE :

22 October 2019 ORDER :

1.

An Interim Application has been taken out in the Execution Application challenging the execution proceedings and praying for its dismissal as well as quashing and setting aside of the 1 / 3

warrant of attachment dated 3rd October 2019 issued in the Commercial Execution Application in respect of the movable property in possession of the Applicant.

2.

At this stage, the learned Counsel for the Applicant applies for ad-interim relief in terms of prayer clauses (c) and (d), which is for stay of the effect, operation and implementation of the warrant of attachment and to any order passed in the Execution Application. Further, in prayer clause (c), ad-interim relief has sought in terms of no further orders to be passed in the Commercial Execution Application.

3.

It is the contention of the learned Counsel for the Applicant that by virtue of the amendment in Section 87 of the Arbitration and Conciliation Act, 1996, the arbitral proceedings commenced prior to the amendment which came into effect in 2015 would not be covered by the said amendment. Thereby, filing of an arbitration petition under Section 34 of the Act challenging the Award would amount to stay of the arbitral award. 4.

The learned Counsel for the Respondents on instructions 2 / 3

makes a statement that till the next date, no steps will be taken to proceed with the warrant of attachment dated 3rd October 2019 issued in the Commercial Execution Application and with respect to the movable property in possession of the Applicant and that no application shall be made for any relief before the executing Court. The statement is accepted.

5.

The learned Counsel for the Respondents is permitted to file Reply to the Interim Application within a period of three weeks from the date of this order.

6.

The statement which is recorded shall apply till 18th November 2019.

7.

Place the Interim Application on 15th November 2019. [R.I. CHAGLA J.] 3 / 3