M/S. SKY ONE CORPORATE PARK LLP AND OTHERS vs MS. SHOBHA RASIKLAL DHARIWAL AND ANOTHER

Judgment text excerpt

Sky One - 22.ARP.146.2024 copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.146 OF 2024 WITH INTERIM APPLICATION NO.11797 OF 2024 IN ARBITRATION PETITION NO.146 OF 2024 M/s Sky One Corporate Park LLP & Ors. ….Petitioners Versus Shobha Rasiklal Dhariwal & Anr. ….Respondents Ms. Gulnar Mistry (through VC) a/w. Mr. Subit Chakrabarti, Ms Khushnumah Banerjee & Ms Aashka Vora i/b. Vidhii Partners, Advocates for Petitioners. Mr. Vishwajeet Sawant, Senior Advocate a/w. Mr. Aniket Nikam & Ms. Shraddha Khandhadia i/b. Mr. Ashish Pawar, Advocates for Respondents. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : SEPTEMBER 16, 2025 ORAL JUDGMENT : Context and Factual Background: 1. This is a Petition filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an Order dated April 5, 2024 (“Impugned Order”) passed by the 8th Jt. Civil Judge Senior Division, Pune in Spl. Dkst. (Execution Application) No.19 of 2023 Digitally signed by AARTI AARTI GAJANAN (“Execution Application”). GAJANAN PALKAR PALKAR Date: 2025.09.23 16:13:06 +0530 Page 1 of 14 SEPTEMBER 16, 2025 Aarti Palkar Sky One - 22.ARP.146.2024 copy.docx 2. Petitioner No.1, M/s Sky One Corporate Park LLP ( “Sky One”), Petitioner No.2, Amit Kantilal Lunkad and Petitioner No.3, Amol Kantilal Lunkad (collectively, “Lunkads”) had settled certain disputes with Respondent No.1, Shobha Rasiklal Dhariwal and Respondent No.2, Janhavi Rasiklal Dhariwal ( “Dhariwals”). These disputes were subject matter of Special Civil Suit No.1084 of 2021 instituted by the Dhariwals. While the suit was settled with the parties executing Consent Terms on December 22, 2021 (“Consent Terms”), which were confirmed by a consent order in the said proceedings on December 30, 2021.