Thursday, April 23, 2026
Latest:
2025ArbitrationHigh CourtLatestLegalSeptember 2025

Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line

legaldeli

 

The subject matter of disputes in Special Civil Suit No.1084 of 2021 filed by Dhariwals were settled.   The said consent terms were accepted by the Court and converted into consent decree vide order dated 30.12.2021.

Clause 19 of the Consent Terms provided for an arbitration clause.

The Execution Application was filed for execution of the consent decree requiring Sky One to pay additional sum of Rs.24 crores payable within a year of consent terms being executed.

Sky One filed WS in the Execution Petition.

Thereafter, on 12.12.2023, section 8 application was filed for reference of disputes to arbitration.

However, the Executing Court rejecting the said application on the ground that it was filed after filing of the WS / Reply to the Execution Petition.

HELD that there is no adjudicatory proceedings possible in competition with the arbitration proceedings when execution of a clear and admitted payment obligation is involved.

Section 8 would have no scope for operation in case of proceedings to execute a decree.

Execution Petition covers enforcement of admitted and decreed debt of Rs.24 crores arising out of the consent decree which is amenable only to execution proceedings, would not be capable of fresh arbitration.

 Judgment dated 16.9.2025 of the High Court of Bombay in Arbitration Petition No.146 of 024 of M/s Sky One Corporate Park LLP and others   Vs. Shobha Rasiklal Dhariwal and another

 

You May Also Like

Deemed Conveyance for ownership – Agreement for leasehold rights to Society

legaldeli

Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner

legaldeli

RERA cannot re-write contract – Flat delivery date

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree