MANJEET SINGH T. ANAND vs NISHANT ENTERPRISES HUF THROUGH ITS KARTA BEING RESPONDENT NO.2

Judgment text excerpt

ia-5306-2025.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.5306 OF 2025 IN Digitally signed by JITENDRA COMM EXECUTION APPLICATION NO.19 OF 2025 JITENDRA SHANKAR SHANKAR NIJASURE NIJASURE Date: 2026.01.08 18:33:35 Manjeet Singh T. Anand …Applicant / +0530 Petitioner/Judg. Creditor Versus Nishant Enterprises HUF Thru. Its Karta & Anr. …Respondents/ Judg. Debtors ---------- Mr Rashmin Khandekar with Mr. Jamsheed Master with Mr. Anand Mohan and Mr. Aniket Worlikar for the Decree Holder. Mr. Prathamesh Kamat (Thru V.C.), with Mr. S.B. Rao i/b. Mr. Gauri Rao for the Respondent No.1. Dr. Sanjay Jain, Mr. Nakul Jain, Mr Sankalp Anantwar and Mr. Ronak Mistry i/b. SMA Law Partners for Respondent No.2 and Applicant in IA No.2485 of 2024. ---------- CORAM : R.I. CHAGLA J. Reserved on : 25TH AUGUST, 2025. Pronounced on : 8TH JANUARY, 2026. ORDER : 1. By this Interim Application, the Applicant / Decree Holder has sought interim relief in aid of enforcement of the final Arbitral Award dated 30th November, 2023 passed by the Sole 1/53 ia-5306-2025.doc Arbitrator (“the Award”). 2. By the said Award, the Sole Arbitrator has awarded a principal decretal sum of INR 12,52,53,938/- and interest on the principal decretal sum at 10% p.a. from the date of the Award (i.e. 30th November, 2023) till actual payment against the Respondent No.1 and costs of INR 22,25,000/- against the Respondents. 3. The Respondent Nos.1 and 2 have filed a joint / common Petition under Section 34 of the Arbitration Act (Commercial Arbitration Petition No.149 of 2025), challenging the Award. By an Order dated 22nd April, 2025 read with Order dated 29th April, 2025, the execution of the said Award was stayed to the limited exten