Bombay High Court
PRPRATAP INDUSTRIAL PRODUCTSversusHINDUSTAN CONSTRUCTION COMPANY LIMITED
- Decided
- Disposal
- DISPOSED OFF
- Bench
- RAJESH S PATIL
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- Whether the execution applications filed under the award dated 30 August 2021 should be withdrawn in view of the Himachal Pradesh High Court’s order setting aside the District Judge’s order under Section 19 of the MSME Development Act.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
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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.
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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
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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.)
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