JITENDRA DASHRATHBHAI PATEL Vs. ANIMESH BANSILAL CHOKSHI

JUDGEMENT

(1.) The petitioner herein seeks to invoke the extraordinary supervisory jurisdiction of the High Court under Article 227 of the Constitution of India to set aside the order dtd. 29/9/2025 passed by the Commercial Court, City Civil Court, Ahmedabad in Execution Petition No.84 of 2024.

(2.) The only ground of challenge to the said order pressed before us, is that the execution case filed on 6/12/2024 was barred by limitation. It was argued that the execution petition preferred by the respondent for enforcement of the arbitral award dtd. 17/1/2009 is time barred under Article 136 of the Limitation Act' 1963, which prescribed the period of limitation of 12 years for execution / enforcement of the decree / arbitral award.

(3.) The contention is that the Executing court has relied upon an overruled judgment of National Aluminium Co. Ltd. v. Pressteel & Fabrications (P) Ltd., [(2004) 1 SCC 540], and has erroneously applied the principle of "automatic stay of award" to suspend the period of limitation from the date of award, i.e. from 17/1/2009 to the date of amendment of Sec. 36 of the Arbitration and Conciliation Act' 1996, i.e. 23/10/2015.