Authority: High Court of Judicature at Bombay
Order Date: 11 September 2026
Case Overview
- Petition: Writ Petition No. 11278 of 2026 filed by JSW Steel Ltd (Petitioner) against Krunal Engineering Works, a sole proprietorship (Respondent), represented by the legal heir of the deceased Kamlakar V. Salvi.
- The dispute concerns Execution Petition (Darkhast No. 188 of 2016) filed by the Respondent to enforce an Award dated 8 May 2015, issued by the Micro and Small Enterprises Facilitation Council, Konkan Region.
- That Award had been set aside by the Division Bench of this Court in Writ Petition No. 12897 of 2016, with a judgment and order dated 4 October 2021. The Award Holder has appealed to the Supreme Court (Civil Appeal No. 1016 of 2025), and the Supreme Court has issued notice but no stay.
- The learned District Judge, Alibag‑Raigad, declined to dismiss the Execution Petition, reasoning that the pending Supreme Court appeal warranted keeping the petition alive.
- Counsel for the Petitioner (Dr. Abhinav Chandrachud) argued that, since the Award has been nullified and no stay exists, there is no award to execute. Counsel for the Respondent (Ms. Gauri K. Jadhav) supported the District Judge’s view, citing the pending Supreme Court appeal.
- The High Court, after considering the submissions, held that the absence of a valid award makes the Execution Petition untenable, irrespective of the pending Supreme Court appeal.
Final Outcome
- The Petition is allowed.
- The Execution Petition (Darkhast No. 188 of 2016) is disposed.
- It is clarified that if the Supreme Court reverses or sets aside this Court’s order that nullified the Award, the Respondent will be entitled to revive the Execution Petition.
Topics: Legal Dispute, Execution of Award