EXECUTION PETITION UNDER ORDER 21 RULE 10, 11 CPC READ WITH

SECTION 36 OF ARBITRATION AND CONCIALIATION ACT, 1996 SEEKING

EXECUTION OFAWARD DATED 1.12.2021

MOST RESPECTFULLY SHOWETH:

1. Decree Holders, Haresh Gul Setpal and Mrs. Mehak Haresh Setpal
having their registered office at C-3, Office No. 303, Brahma Majestic,
3rd floor, NIBM Road, Kondhwa, Pune-411048, do hereby apply for the
execution of award dated 1.12.2021 which is executable in terms of
the provisions of Section 36 of the Arbitration and Concialiation Act,
1996 read with Order XXI of the Code of Civil Procedure, 1908.

a) No. of the suit Arbitral award dated 1.12.2021 passed in

the case titled as Haresh Gul Setpal vs
M/s Bhimashankar Developers & Ors.
b) Names of Parties 1. Haresh Gul Setpal

2. Mrs. Mehak Haresh Setpal

Having Registered Office at

C-3, Office No.303, Brahma Majestic, 3rd
Floor, NIBM Road, Kondhwa, Pune-411048
……
Decree Holder
Versus
1. M/s Bhimashankar Developers
A partnership firm governed under
The Partnership Act, 1932

2. Mr. Rajnish maneklal Bhandari

3. Mr. Anuj maneklal Bhandari

4. Mr. Shreyas Anuj Bhandari

5. Mr. Yash Rajnish Bhandari

Having its address at

C/o Bhandari Landmarks
1182/1, First Floor, Pramod Apartment
above HDFC Bank, F.C Road,
Shivajinagar, Pune-411004
……Respondents
c) Date of the decree Award dated 1.12.2021 passed by the
Hon’ble Tribunal presided over by Ld. Sole
Arbitrator, Dr. Justice (Rtd) Shalini
Phansalkar Joshi. The Award dated
1.12.2021 is annexed herewith as
Annexure “A”
d) Whether any appeal has To the knowledge of the Decree Holders,
been preferred from the no application under section 34 of the
decree Arbitration and Concialiation Act, 1996
has been preferred by any of the
Judgement Debtors. Therefore, the award
has become executable in terms of the
provisions of section 36 of the Arbitration
and Concialiation Act, 1996 read with
order 21, Rule 10, 11 of the CPC. It is
submitted that the Judgement Debtors
have not paid the awarded amount within
the period of 3 months(three months) as
directed in the award. There is no
impediment in the award and the same is
executable as decree.
Payments and None
e) adjustments made, if any
f) Previous application, if No
any, with date and result

g) Amount with Interest(if 1. The Claimants are entitled to recover

any) due upon the decree, from the judgement debtors, the
or other relief granted awarded amount of Rs. 75,00,000/-
thereby together with [Rupees Seventy Five Lakhs only]
particulars of any cross
decree. 2. That since, the Judgement Debtors
have failed to pay the said amount
within the period of 3 months from
the date of passing the said award,
the Claimants are entitled to recover
the amount of Rs. 90,00,000 along
with interest at the rate of 24% p.a
from 15.10.2021.

h) The name of the person 1. M/s Bhimashankar Developers

against whom execution A partnership firm governed under
of the decree is sought The Partnership Act, 1932

2. Mr. Rajnish maneklal Bhandari

3. Mr. Anuj maneklal Bhandari

4. Mr. Shreyas Anuj Bhandari

 5. Mr. Yash Rajnish Bhandari

Having its address at

C/o Bhandari Landmarks
1182/1, First Floor, Pramod Apartment
above HDFC Bank, F.C Road,
Shivajinagar, Pune-411004

i) The mode in which the i) Direction to be issued to the

assistance of the court is Judgement Debtors to pay the
sought Decretal amount as mentioned
in column G to the decree
holders.

ii) Direct the judgement debtors

to file their Affidavit as per the
format Annexure A-1, B-1 and
C-1 in terms of an order dated
05.08.2020 passed by the
Hon’ble Delhi High Court in
the case title M/s Bhandari
Engineers & Builders Pvt. Ltd.
Vs. M/s Maharia Raj Joint
Ventures & Ors. The Decree
Holders in this connection has
also filed a separate
application under section 151
CPC.

iii) The Judgement Debtors to be

examined on oath regarding
the properties they have (both
movable and immovable under
Order 21, Rule 41 CPC. The
Decree Holder in an abundant
precaution, has also filed an
application under said Order
21, Rule 41 of CPC seeking
examination on oath.

iv) Upon disclosing their assets

on affidavit by the Judgement
Debtors, their assets to be
attached. After selling the
assets, the money recovered
therefrom be given to the
decree holders towards the
satisfaction of the decretal
 amount.

v) Upon failure to pay the

decretal amount by the
Judgement Debtors, the
Judgement Debtors be
arrested and detained in the
civil prison as per the
provisions of Code of Civil
Procedure.

3. It is stated that Ld. Arbitrator who has passed the award dated
1.12.2021 was appointed by the Hon’ble Bombay High Court on
application filled by the Judgement Debtors under section 11 of the
Arbitration and Concialiation Act, 1996 seeking appointment of an
arbitrator vide Arb. P.11280 of 2021. Copy of the order dated 18th
August 2021, passed by the Hon’ble Bombay High Court appointing
the arbitrator is enclosed herewith and marked as Annexure ‘C’.

4. This Hon’ble Court has pecuniary jurisdiction as well as territorial

jurisdiction to entertain the present Execution Petition.

5. That the present execution petition is being filed without prejudice to

the other legal rights of the Decree Holders.

6. That this Hon’ble has a jurisdiction to entertain the present Execution

Petition as all the Judgement Debtors are residing within the
territorial jurisdiction of this Hon’ble Court.

7. That the present Execution Petition is made bona fide and in the
interest of justice.

8. That grave loss and prejudice will be caused to the decree holders, if
the present execution petition is not allowed.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be
pleased to:
a) Execute the Award dated 1.12.2021 passed by the Hon’ble Tribunal
presided over by the Ld. Sole Arbitrator Dr. Justice (Rtd.) Shalini
Phansalkar Joshi in the case titled as Haresh Gul Setpal vs M/s
Bhimashankar Developers & Ors in terms of column (i) of the present
execution petition.
b) Pass such order and further order as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.
AND FOR THIS ACTS OF KINDNESS THE DECREE HOLDERS AS IN
DUTY BOUND SHALL EVER PRAY.

DECREE HOLDERS