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2022 DAILYLAW 2810 (BOM)

PRPRATAP INDUSTRIAL PRODUCTS v. HINDUSTAN CONSTRUCTION COMPANY LIMITED

COMEX/49/2022 · 2026-04-18

Shri Rajesh S Patil

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

KVM 1/3 4 - EXA 1259 OF 2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY 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. KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.04.20 11:38:06 +0530 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.)