Varun Godha v. Balaji Enterprises

40. COMEXL 28531-23 @ IA 1988-24 in COMEXL 38190-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 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 Mr. Nirman Sharma with Ms. Nandita Bajpai i/b Drupad Vaghani for Applicant in COMEXL 28531/23.

Mr. Saurabh Oka for Applicant in COMEXL 38190/22. Mr. Nimay Dave with Mr. Mohit Advani and Amit Mishra i/b Dhaval Vussanji and Associates for Applicant in IA 1988/24. Mr. P. G. Sabnis with Ms. Kashmira Khedekar for Respondent in COMEXL 28531/23.

Mr. Aditya Thakkar -Amicus.

CORAM

:

ABHAY AHUJA, J.

DATE :

5th SEPTEMBER, 2024 P.C. :

1.

Pursuant to the order dated 12th August,2024, today this matter has been listed for consideration on the issue of jurisdiction in view of NIKITA YOGESH GADGIL by NIKITA YOGESH GADGIL Date: 2024.09.06 15:18:56 +0530 the enhancement of the pecuniary jurisdiction of the City Civil Court with respect to the orders and 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 under the Arbitration and Conciliation Act, 1996.

Nikita Gadgil 1/2

40. COMEXL 28531-23 @ IA 1988-24 in COMEXL 38190-22.doc 2.

Mr. Thakkar, learned Counsel appointed as Amicus Curie has also circulated a detailed note on the issue to all concerned as well as to this Court.

3.

Mr. Sabnis, learned Counsel appearing for the Respondent in Commercial Execution Application (L) No. 28531 of 2023 has tendered his note and also taken the Court through his note. 4.

For Mr. Sharma, learned Counsel appearing for the Applicant in the said Commercial Execution Application to commence his arguments in response, list on 30th September, 2024 at 4.00 p.m. (ABHAY AHUJA, J.) Nikita Gadgil 2/2