Dismissed

Gopal Bhavlal Koli and Others v. M/S Hinduja Leyland Finance Ltd. Gpa Holder Namely Anil Rangnath Patil and Another

Bombay HC8 Feb 2023WP/1419/2023

Case brief

AI extract

What is this about?

This writ petition challenged an order raising an objection to the execution of an arbitration award. The court held that since the award was not challenged under Section 34 within the limitation period, objections regarding its validity could not be entertained. It relied on a prior decision to confirm the executing court's jurisdiction and dismissed the petition.

What did the court decide?

The writ petition was dismissed as it had no merit due to the expiry of the limitation period for challenging the award.

Gopal Bhavlal Koli and Others Vs M/S Hinduja Leyland Finance Ltd… — Arbitration | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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27 WRIT PETITION NO.1419 OF 2023

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GOPAL BHAVLAL KOLI AND OTHERS

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VERSUS

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M/S HINDUJA LEYLAND FINANCE LTD GPA HOLDER
NAMELY ANIL RANGNATH PATIL AND ANOTHER

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Advocate for Petitioners : Mr. Atmaram J. Patil
AGP for Respondent – State : Mrs. G.L. Deshpande

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CORAM : SHARMILA U. DESHMUKH, J.

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DATE : 08-02-2023

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PER COURT :

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. Heard.

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2.The petitioners are aggrieved by the order dated

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01.02.2020 passed by the 4th Jt. Civil Judge, Senior Division, Jalgaon
below Exh.28 in A.R.D. No.134 of 2018 raising an objection to the

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execution of the arbitration award. The learned counsel for the
petitioners submits that the Executing Court has no jurisdiction to
execute the award. He further submits that the award was not
properly stamped and that the award was passed in Chennai and the
execution proceedings have been filed in Jalgaon.

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3. Considered the submissions of the petitioners.

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4.The admitted position is that the award has not been
challenged by the petitioners under Section 34 of the Arbitration and

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Conciliation Act and all the submissions, except the objection as to
jurisdiction of the Executing Court, are required to be taken up in the
challenge to the award under Section 34. It appears that as the
period of limitation is expired, the present petition has been preferred
before this Court.

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5.As regards the jurisdiction of the Executing Court is
concerned, the issue is no longer res integra and is covered by the
decision of this Court in the case of Akola Janta Commercial
Cooperative Bank Ltd vs. Raju Nattuji Bhade arising out of Letters
Patent Appeal No.229 of 2010 dated 23.02.2010 wherein this Court
has held that the award must be treated as the decree passed by the
District Judge and therefore it may be executed either by the District
Judge or any Court to which it may be sent by such District Judge for
execution under Section 38 of CPC. The decision is a complete
answer to the submission of the petitioners as regards the jurisdiction
of the Executing Court.

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6.Apart from the above, the learned counsel for the
petitioners submits that the machinery of the petitioners is at Jalgaon
and as such, the Executing Court would be the Court which would
have the jurisdiction over the movable / immovable properties of the
judgment debtor.

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7.For the reasons above, there is no merit in the petition.

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Writ petition stands dismissed.

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( SHARMILA U. DESHMUKH, J. )

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GGP

Gopal Bhavlal Koli and Others v. M/S Hinduja Leyland Finance Ltd. Gpa Holder Namely Anil Rangnath Patil and Another

Case brief

What is this about?

What did the court decide?

Gopal Bhavlal Koli and Others v. M/S Hinduja Leyland Finance Ltd. Gpa Holder Namely Anil Rangnath Patil and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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