Hsbc Pi Holding Mauritius Ltd v. Avitel Post Studioz Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5534 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 23 OF 2024 HSBC PI HOLDING (MAURITIUS) LTD.

)...APPLICANT

IN THE MATTER OF

HSBC PI HOLDING (MAURITIUS) LTD.

)...AWARD HOLDER V/s.

AVITEL POST STUDIOZ LIMITED AND OTHERS )...RESPONDENTS Mr.Rohan Rajadhyaksha a/w. Ms.Priyanka Shetty, Ms.Nafisa Khandeparkar, Mr.Ayush Chaddha, Mr.Tejas Raghav i/by AZB & Partners, Advocate for the Applicant / Award Holder / Decree Holder. Mr.Gaurang Mehta and Ms.Vidhi Dharia a/w. Mr.Bharat Jadhav i/by Enact Legal, Advocate for the Respondents.

CORAM

:

ABHAY AHUJA, J.

DATE :

1st DECEMBER 2025 P.C. :

1.

This matter was kept back in the morning session as Mr.Mehta, learned Counsel, was to obtain instructions with respect to the amount to be marked as satisfied on the award.

ARTI VILAS KHATATE 2.

When the matter is called out in the afternoon session, Mr.Bharat by ARTI VILAS KHATATE Date: 2025.12.02 20:13:20 +0530 Jadhav, learned Counsel, appears on behalf of the Respondents and avk 1/3

submits that Mr.Mehta is on the way. Mr.Rohan Rajadhyaksha, learned Counsel appearing for the Applicant submits that he has the amount from the reply filed by the Respondent viz. paragraph 4(a). 3.

Accordingly, the award dated 27th September 2014 be marked as satisfied to the extent of Rs.84,10,70,417/-. 4.

As regards the application for amendment is concerned, Mr.Rajadhyaksha has submitted that the said amendment only seeks the details and particulars of the assets which already form part of the Schedule as disclosed by the Respondents.

5.

Mr.Mehta in the morning session had no objection to the same except that he was concerned that the award has not been marked satisfied with respect to the amounts that have already been received by the Applicant, which has been directed to be done as abvove. 6.

Having heard the learned Counsel, this Court is of the view that since now the aforesaid order directing that the award be marked satisfied to the extent of Rs.84,10,70,417/-, the Interim Application be allowed in terms of prayer clause (b) which reads thus : avk 2/3

"(b) this Hon'ble Court be pleased to allow the Applicant to amend Commercial Execution Application No.23 of 2024 in Arbitration Petition No. 833 of 2015, to the extent specified in Schedule I annexed hereto."

7.

Let the amendments be carried out within a period of three weeks and the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed. 8.

The Interim Application stands allowed and disposed as above. (ABHAY AHUJA, J.) avk 3/3