Sunil Puri v. Hbs Realtors Private Limited

504. COMEX 26-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL EXECUTION APPLICAITON NO. 26 OF 2024 Sunil Puri ...Applicant V/s.

HBS Realtors Pvt. Ltd.

...Defendant Mr. Hrushi Narvekar with Ms. Shaheda Madraswala and Mr. Akshat Tiwari i/b Vashi and Vashi for the Applicant. Mr. Ashwin Shete with Mr. Rishi Patodia i/b Jayakar and Partners for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

20th DECEMBER, 2024 P.C. :

1.

When the matter is called out, Mr. Shete, learned Counsel appears for the Award Debtor and submits that as far as the cost as directed in the award dated 26th October, 2022 is concerned, he is handing over the Demand Draft for a sum of Rs. 71,51,699.16 to Mr. Narvekar, learned Counsel appearing for the Award Creditor and that, Digitally signed by NIKITA YOGESH GADGIL Date:

2024.12.20 18:44:28 +0530 NIKITA YOGESH GADGIL therefore, the present Execution Application may accordingly be diposed for marking the award partially satisfied in terms of Clause (D) of paragraph 277 of the award.

2.

Mr. Narvekar, learned Counsel appearing for the Applicant accepts the said Demand Draft and submits that as far as the operative Nikita Gadgil 1/2

504. COMEX 26-24.doc part of the award at paragraph 277(D) is concerned, the same can be marked as satisfied. That this Execution Application can also be accordingly disposed, however, submitting that as far as the operative part (A), (B) and (C) of the said paragraph 277 is concerned, this Court may grant liberty to take out appropriate Execution Application in the event of the non compliance of the same.

3.

Having heard the learned Counsel and having considered their submissions, this Court records that in view of the aforesaid, the operative part (D) of paragraph 277 of the award is satisfied. This Execution Application accordingly stands disposed. Warrants of attachment dated 2nd July, 2024 to accordingly stand discharged. The attachments on the following two properties are hereby raised/lifted:-

1. 505, Ceejay House, Shiv Sagar Estate, Dr. Annie Besant Road, Worli, Mumbai-400 018, bearing C. S. No. 1/3.

2. 61-Landmark, Carmichel Road, Mumbai-400 026. 4.

Liberty to the Award Creditor to take out appropriate Execution Application with respect to the paragraph 277(A), (B) and (C) of the award, if the need arisen.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2