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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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