Kirit Chimanlal Maniar v. Sethia Infrastructure Pvt. Ltd.
Execution of arbitral interim order – Section 17, Arbitration and Conciliation Act, 1996
Case brief
What is this about?
Bombay High Court OOCJ; Abhay Ahuja J.; decided 18-03-2026; IA 7828/2025 in COMEX 59/2024; Kirit Chimanlal Maniar & Anr. v. Sethia Infrastructure Pvt. Ltd.; execution of order issued under Section 17 Arbitration and Conciliation Act 1996; Section 17(2) legal fiction; Order XXI Rule 34 CPC; Order XXXIX Rule 2-A CPC; Section 34 petition dismissed for want of prosecution; Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2022) SCC 209 — para 70 distinguished, paras 71-72 relied on; compliance with paragraph 121 of Sole Arbitrator's order dated 21.02.2024 within two weeks; Prothonotary & Senior Master to nominate officer of the Court to execute/sign PAAA on behalf of Judgment Debtors; interim application allowed and disposed.
What did the court decide?
Interim Application allowed and disposed of: the Respondent is to comply with paragraph 121 of the order dated 21 February 2024 within two weeks, failing which relief follows in terms of prayer clause (a) — the learned Prothonotary & Senior Master of this Court to nominate an officer of this Court for execution/signing of the Permanent Alternate Accommodation Agreements (PAAA) on behalf of the Judgment Debtors.