Created by Fuzzy Cloud

Bombay High Court

PRPRATAP INDUSTRIAL PRODUCTSversusHINDUSTAN CONSTRUCTION COMPANY LIMITED

Decided
Disposal
DISPOSED OFF

Holding

The execution and commercial execution applications are disposed of, with liberty granted to the applicant to file fresh applications if required.

Summary

The applicant, M/s. Pratap Industrial Products, sought leave to withdraw several execution and commercial execution applications filed against M/s. Hindustan Construction Company Ltd. after a Single Judge of the Himachal Pradesh High Court set aside a District Judge's order under Section 19 of the Micro Small and Medium Enterprises Development Act, 2006 and stayed the award dated 30 August 2021. The applicant argued that the appellate order rendered the pending execution proceedings untenable and requested liberty to file fresh applications if necessary. The Bombay High Court, after considering the counsel’s submissions, granted the leave to withdraw the execution application No. 1259/2022 and disposed of it along with any interim applications. By consent, the Court also took on record and disposed of execution application No. 1258/2022 and commercial execution applications No. 48/2022 and No. 49/2022, granting the applicant liberty to file fresh applications in the future. The Court’s order effectively halted the existing execution proceedings pending the outcome of the appellate decision.

Issues considered

  • Whether the execution applications filed under the award dated 30 August 2021 should be withdrawn in view of the Himachal Pradesh High Court’s order setting aside the District Judge’s order under Section 19 of the MSME Development Act.
  • Whether the applicant should be granted liberty to file fresh execution or commercial execution applications after the appellate order.

Legislation cited

Subjects

  • execution
  • Micro Small and Medium Enterprises Development Act
  • Section 19
  • stay of execution
  • withdrawal of execution application
  • fresh execution application

Judgment

                             KVM
                                                              1/3
                                                                                4 - EXA 1259 OF 2022.doc


          Digitally signed
          by KANCHAN
KANCHAN VINOD
        MAYEKAR
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD   Date:
MAYEKAR 2026.04.20
          11:38:06
          +0530
                                           ORDINARY ORIGINAL CIVIL JURISDICTION

                                        EXECUTION APPLICATION NO. 1259/2022
                                                   ALONGWITH
                                        EXECUTION APPLICATION NO. 1258/2022
                                                   ALONGWITH
                                    COMMERCIAL EXECUTION APPLICATION NO. 48/2022
                                                   ALONGWITH
                                    COMMERCIAL EXECUTION APPLICATION NO. 49/2022

                             M/S. PRATAP INDUSTRIAL PRODUCTS                 ….. APPLICANT

                                   VS

                             M/S. HINDUSTAN CONSTRUCTION COMPANY
                             LIMITED                                         ….. RESPONDENT

                                                       ALONGWITH
                                           INTERIM APPLICATION (L) NO. 823/2023
                                                           IN
                                           EXECUTION APPLICATION NO. 1259/2022

                             M/S. HINDUSTAN CONSTRUCTION COMPANY
                             LIMITED                                         ….. APPLICANT/
                                                                             ORG.RESPONDENT

                             IN THE MATTER BETWEEN

                             M/S. PRATAP INDUSTRIAL PRODUCTS                 ….. APPLICANT

                                   VS

                             M/S. HINDUSTAN CONSTRUCTION COMPANY
                             LIMITED                                         ….. RESPONDENT

                             Adv. Aslam Khan for the Applicant.

                             Adv. Vishal Mandal i/b. DSK Legal for the Respondent.
KVM
                                    2/3
                                                          4 - EXA 1259 OF 2022.doc


No proceedings of EXA/1258/2022.

                                  CORAM : RAJESH S. PATIL, J.

                                  DATE     : 18 APRIL, 2026

P.C. :-

1)             Mr. Khan, learned counsel appearing for the applicant

submits that the learned Single Judge of the Himachal Pradesh High

Court has set aside the order passed by the District Judge, Simla,

District Simla whereby an application under Section 19 of the Micro

Small and Medium Enterprises Development Act, 2006 was set aside

and the District Judge was directed to decide the application under

Section 19, afresh and further it was directed that the respondent shall

not execute the impugned award dated 30 August, 2021.                   Hence,

Mr.Khan is seeking leave and liberty to withdraw the execution

application and if the need arises to file a fresh execution application.

1.1)           Leave and liberty as prayed, is granted.

2)             Execution application No. 1259 of 2022 accordingly

stands disposed of.

2.1)           In sequel, the Interim Applications, if any, also stand

disposed of.

3)             By consent, Execution Application No. 1258 of 2022,

Commercial Execution Application No. 48 of 2022 and Commercial
KVM
                                     3/3
                                                         4 - EXA 1259 OF 2022.doc


Execution Application No. 49 of 2022 are taken on record.

3.1)           By consent, all these three applications i.e., Execution

Application No. 1258 of 2022, Commercial Execution Application No.

48 of 2022 and Commercial Execution Application No. 49 of 2022 are

also disposed of with liberty granted to the present applicant to file

fresh execution application/commercial execution application, if the

need arises.

4)             In sequel, the Interim Applications in these applications, if

any, also stand disposed of.



                                                 (RAJESH S. PATIL, J.)


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.