Godrej And Boyce Mfg Co Ltd v. Remi Sales And Engineering Ltd.

919-IA-2152-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.04.09 19:00:06 +0530 INTERIM APPLICATION NO. 2152 OF 2024 IN COMM. ARBITRATION PETITION NO. 232 OF 2024 Godrej And Boyce Mfg. Co. Ltd.

...Applicant In the Matter Between:

Godrej And Boyce Mfg. Co. Ltd.

...Petitioner

Versus

Remi Sales And Engineering Ltd.

...Respondent

Advocate for the Applicant/Petitioner appeared but appearance not tendered.

Mr. Harshil Parekh a/w Mr. Nawaz Dordi i/b Purnanand & Co. for the Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 9, 2025 PC :

1.

These proceedings entail an arbitral award dated February 8, 2023 for an amount of approximately Rs.4.25 Crores along with interest computed @ 10% p.a. on the awarded sum. The execution proceedings are underway. It is the contention of the parties that a warrant of attachment came to be issued on April 17, 2024, but the publicly available record does not show any Court order to that effect. It is common ground that on January 7, 2025 the awarded amount, i.e., Rs.4.25 Crores alongwith interest computed until December 2024 had been deposited with the Registry of this Court. Learned Counsel for the Respondent submits that multiple e-mails have been written to the Sheriff's office stating that the warrant must not be executed since the parties have consensus that any April 9, 2025 Purti Parab

919-IA-2152-2024.doc attachment pursuant to such warrant would be unnecessary in view of the deposit made in this Court on January 7, 2025. It is hereby directed that no attachment shall be executed pursuant to the warrant of attachment issued on April 17, 2024.

2.

Registry to examine the records and file a report as to the basis on which warrant of attachment came to be issued and also confirm the status of the deposit and the accruals thereon as on date. 3.

List for further consideration on May 2, 2025. 4.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] April 9, 2025 Purti Parab