Varun Godha v. Balaji Enterprises

4-COMEXL-28531-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN PRASHANT DHURI Date:

2025.09.20 19:53:48 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION KANCHAN PRASHANT DHURI IN ITS COMMERCIAL DIVISION COMMERCIAL EXECUTION APPLICATION (L) NO. 28531 OF 2023 Unisonn Infrastructures ... Applicant

Versus

Gammon Engineers Contractors Pvt Ltd ... Respondent WITH INTERIM APPLICATION NO. 493 OF 2024 IN COMMERCIAL EXECUTION APPLICATION (L) NO. 747 OF 2024 WITH INTERIM APPLICATION NO. 4110 OF 2025 IN INTERIM APPLICATION NO. 493 OF 2024 WITH INTERIM APPLICATION NO. 1988 OF 2024 IN COMMERCIAL EXECUTION APPLICATION (L) NO. 38190 OF 2022 ............

Mr. Nirman Sharma alongwith Ms. Nandita Bajpai, Advocate for the Applicant in COMEXL-28531-2023.

Mr. Mohit Advani alongwith Mr. Amit Mishra instructed by Dhaval Vussonji & Associates, Advocate for the Applicant in IA-1988-2024. Mr. Neeraj Jain alongwith Ms. Bhavika Thakkar (through VC) instructed by SSB Legal & Advisory, Advocate for the Applicant in IA493-2024 and for the Respondent in IA-4110-2025. Mr. P.G. Sabnis alongwith Ms. Kashmira Khedekar, Advocate for the Judgment Debtor in COMEXL-28531-2023.

Mr. Sharad Bansal alongwith Mr. Laxman Jain instructed by Mr. Jitendra Jain, Advocate for the Respondent in IA-493-2024. Mr. P.G. Sabnis, Advocate for the Respondent in COMEXL-28531-2023. Mr. Saurabh Oka (through VC), Advocate for the Respondent. Mr. Aditya Thakkar, Amicus Curiae, present.

............

Kanchan Dhuri 1/2

4-COMEXL-28531-2023.doc

CORAM

:

ABHAY AHUJA, J.

DATE :

20 SEPTEMBER 2025 P.C. :

1.

Mr. Sharma, learned Counsel for the Execution Applicant in Commercial Execution Application (L) No.28531 of 2023 and Mr. Sabnis, learned Counsel for the Judgment Debtor as well as the learned Amicus Curiae have concluded their arguments with respect to the issue of jurisdiction of this Court, which has been raised as a preliminary objection by Mr. Sabnis, as the amount of the award is less than 10 Crores and on the ground that Section 36(1) of the Arbitration and Conciliation Act, 1996 (the "Act") does not contemplate the Court referred to in Section 2(1)(e) of the Act as the executing Court. 2.

For the learned Counsel in Commercial Execution Application (L) No. 747 of 2024 and Commercial Execution Application (L) No. 38190 of 2022 and in the connected Applications to address the Court, list on 17th November 2025 at 4.00 p.m. as Part-Heard. 3.

Parties to obtain registered numbers by the next date. 4.

The learned Counsel who have concluded their arguments, are at liberty to file written submissions/additional written submission(s).

(ABHAY AHUJA, J.) Kanchan Dhuri 2/2