Bombay High Court
ANTARIKSH REALTORS PRIVATE LIMITEDversusTHE VIDYAVIHAR PALMVIEW CO OPERATIVE HOUSING SOCIETY LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the order remains binding and enforceable irrespective of failure to comply with Clause 596.
Summary
Antariksh Realtors Private Limited filed a commercial arbitration petition seeking enforcement of a court order against The Vidyavihar Palmview Co‑operative Housing Society Ltd and others. The dispute centered on whether the order remained enforceable despite the parties' failure to comply with Clause 596 of the arbitration agreement. The court examined the effect of non‑compliance with the clause on the binding nature of the order. It held that the order continues to be binding and enforceable regardless of any lapse in communication or compliance with Clause 596. Consequently, the parties may approach the court receiver to enforce the order once the stipulated condition is satisfied.
Issues considered
- Does non‑compliance with Clause 596 of the arbitration agreement render a court order unenforceable?
Subjects
- Arbitration
- Court order enforceability
- Clause 596
- Receiver
- Commercial division
Judgment
24-CARBP-814-2026.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
ORDINARY ORIGINAL CIVIL JURISDICTION
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
IN ITS COMMERCIAL DIVISION
RAJENDRA BONDE
BONDE Date:
2026.08.21
18:26:28
+0530 COMM ARBITRATION PETITION NO. 814 OF 2026
WITH
COMM ARBITRATION APPEAL (L) NO. 24454 OF 2026
IN
COMM ARBITRATION PETITION NO. 814 OF 2026
Antariksh Realtors Private Limited … Petitioner
V/s.
The Vidyavihar Palmview Co
Operative Housing Society Ltd & Ors. … Respondents
Mr. Nishant Chothani a/w Ms. Sneha Patil, Ms. Isha
Vyas, Ms. Aditi Sinha i/b Maniar Srivastava Associates,
for the Petitioner.
Mr. Vinay Naik i/b Mr. Arun P., for the Respondent No.
1.
Ms. Nandini Deshpande, 1st Assistant to Court Receiver
is present.
CORAM : AMIT BORKAR, J.
DATED : AUGUST 21, 2026
P.C.:
1. Irrespective of Clause 596 and despite failure to comply with
Clause 596, the order of the Court remains binding and
enforceable and any lapse on the part of a party to communicate
the order would not take away the enforceability of the order.
Hence, it shall be open for the parties to approach Receiver
1
24-CARBP-814-2026.doc
whenever the eventuality or the condition under the order is
complied with irrespective of period prescribed.
(AMIT BORKAR, J.)
2
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