Chandrashekhar vs the Brihanmumbai Electric Supply and Transport… — Arbitration | Bombay HC (2025)

Chandrashekhar vs the Brihanmumbai Electric Supply and Transport… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Permission to the Applicant/judgment creditor to withdraw Rs.4,42,36,000/- lying with the Prothonotary & Senior Master, subject to an undertaking to bring back the amount with interest if the Respondent BEST Undertaking succeeds in its pending Section 34 Petition; the Interim Application stands allowed and disposed accordingly.

Issue for consideration

Whether the Applicant (judgment creditor), aged 77 and suffering from heart ailments and diabetes, may be permitted to withdraw the amount of Rs.4,42,36,000/- deposited in Court pursuant to the order dated 25th November 2024, while the Respondent's Petition under Section 34 of the Arbitration and Conciliation Act, 1996 remains pending and no stay has been obtained.

Court's answer

Withdrawal of the amount deposited in this Court can be permitted, subject to the outcome of the pending Petition under Section 34 of the Arbitration and Conciliation Act, 1996.

Ratio / Principle

The amount of Rs.4,42,36,000/- lying with the Prothonotary & Senior Master is permitted to be withdrawn upon an application by the Applicant, subject to an undertaking to bring back the amount along with interest in the event the Respondent BEST Undertaking succeeds in the Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), by order dated 30th June 2025 in Interim Application No.2542 of 2025 in Commercial Execution Application No.18 of 2023 (Chandrashekhar, judgment creditor v. The Brihanmumbai Electric Supply and Transport Undertaking, judgment debtor), permitted the 77-year-old applicant, suffering from cardiac ailments and diabetes, to withdraw Rs.4,42,36,000/- deposited with the Prothonotary & Senior Master in compliance with the order dated 25th November 2024, noting that no stay had been obtained despite the Respondent having filed a Petition under Section 34 of the Arbitration and Conciliation Act, 1996. Withdrawal was made subject to the outcome of the pending Section 34 Petition and to an undertaking to bring back the amount along with interest in the event BEST Undertaking succeeds in that Petition. The Application was allowed and disposed accordingly.

20-IA-2542-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.2542 OF 2025 IN

COMMERCIAL EXECUTION APPLICATION NO.18 OF 2023

CHANDRASHEKHAR )…APPLICANT

IN THE MATTER BETWEEN

CHANDRASHEKHAR )…JUDGMENT CREDITOR

V/s.

THE BRIHANMUMBAI ELECTRIC SUPPLY ) AND TRANSPORT UNDERTAKING )...JUDGMENT DEBTOR

Mr.Amogh Singh a/w. Mr.Aditya Upadhyay i/by Ms.Jeenal Upadhyay, Advocate for the Applicant.

Digitally signed byARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2025.07.01 13:52:09 +0530

Mr.Akshay Suresh i/by Ashwin Ankhad & Associates, Advocate for the Respondent.

CORAM : ABHAY AHUJA, J. DATE : 30^th JUNE 2025 P.C. :

This Interim Application seeks withdrawal of the amount that

was directed to be deposited vide order dated 25^th November 2024.

Mr.Akshay Suresh, learned Counsel, appears for the Respondent

and submits that in compliance with the said order, a sum of Rs.4,42,36,000/- has been deposited in this Court.

AVK 1/3

20-IA-2542-2025.doc

Mr.Amogh Singh, learned Counsel appearing for the Applicant, submits that since the Applicant is 77 years old and is suffering from various ailments of heart and also has diabetes, this Court may permit withdrawal of the amount, in as much as, till date no stay has been obtained, although a Petition under Section 34 of the Arbitration and Conciliation Act, 1996, has been filed.

Mr.Suresh for the Respondent submits that an undertaking to bring back the amount be taken, considering the fact that Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is pending and that this Court may pass appropriate orders.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that withdrawal of the amount deposited in this Court can be permitted subject to the outcome of the pending Petition under Section 34 of the Arbitration and Conciliation Act, 1996.

Accordingly, the following order is passed :

AVK 2/3

20-IA-2542-2025.doc

ORDER

(i) Let the amount of Rs.4,42,36,000/- lying with the Prothonotary & Senior Master of this Court be permitted to be withdrawn upon an application made in this behalf by the Applicant, subject ofcourse, to an undertaking to bring back the amount along with interest in the event the Respondent BEST Undertaking succeeds in the Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.

(ii) The Application accordingly stand allowed and disposed as above.

(ABHAY AHUJA, J.)

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