Varun Godha v. Balaji Enterprises

913-COMEX(L)-28531-2023-14-IA-1988-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL EXECUTION APPLICATION (L) NO. 28531 OF 2023 UNISONN INFRASTRUCTURES )...APPLICANT V/s.

GAMMON ENGINEERS CONTRACTORS PVT.LTD.)...RESPONDENT WITH INTERIM APPLICATION NO. 1988 OF 2024 IN COMMERCIAL EXECUTION APPLICATION (L) NO. 38190 OF 2022 Ms.Nandita Bajpai i/by Dhrupad Vaghani, Advocate for the Applicant in COMEXL/28531/2023.

Mr.P.G.Sabnis a/w. Ms.Kashmira Khedekar, Advocate for the Judgment Debtor.

None for the Applicant in IA/1988/2024.

Mr.Saurabh Oka, Advocate for the Respondent in IA/1988/2024. Digitally signed by ARTI VILAS KHATATE Date:

2024.08.12 19:16:03 +0530 ARTI VILAS KHATATE Mr.Aditya Thakkar, Amicus Curiae, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th AUGUST 2024 P.C. :

1.

Today these matters have been listed for consideration of the issue of jurisdiction of this Court, in view of the enhancement of the pecuniary jurisdiction of the City Civil Court with respect to the avk 1/2

913-COMEX(L)-28531-2023-14-IA-1988-2024.doc orders/decrees passed by this Court as well as the awards passed under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) as well as the Arbitration and Conciliation Act, 1996. 2.

Mr.Sabnis, learned Counsel appearing for the Respondent in Commercial Execution Application (L) No.28531 of 2023 has briefly addressed the Court on the issue of jurisdiction. Ms.Bajpai, learned Counsel appearing for the Applicant has also briefly addressed this Court. However, for a more comprehensive discussion on the issue, where the learned Counsel who have raised the issue of jurisdiction, and the learned amicus curiae, can address this Court, list along with Interim Application No.1988 of 2024 in Commercial Execution Application (L) No.38190 of 2022 on 5th September 2024 at 2.30 p.m. 3.

Mr.Oak, learned Counsel appearing for the Respondent in Interim Application No.1988 of 2024, to also consider and address this Court on the issue.

4.

Let a brief note be circulated in advance.

(ABHAY AHUJA, J.) avk 2/2