Eden Education Society vs Kakade Vtp Associates — Arbitration | Bombay HC (2025)

Eden Education Society vs Kakade Vtp Associates — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim (ad-interim) relief on an urgently moved petition: the possession warrant issued in execution of the arbitral award shall not be executed till the next date, conditional on the petitioner paying Rs. 40 Lakhs to the respondent by on-line transfer within four weeks as an undertaking to the Court (liberty without prejudice to the claimant's rights and contentions); non-compliance vacates the ad-interim protection without further reference to the Court. Petition to be listed high on board in the caption 'Admission' on 30th July 2025; petition not finally decided in this order.

Issue for consideration

Whether the counter claim for possession in the arbitration was arbitrable - an issue raised by the petitioner before the learned Arbitrator, decided against it, and renewed in its application under Section 34 of the Arbitration and Conciliation Act, 1996. +1 more

Ratio / Principle

The petitioner's statement that it will pay Rs. 40 Lakhs to the respondent by on-line transfer within four weeks is accepted as an undertaking to the Court, and the petitioner is permitted to make that payment; the liberty is granted without prejudice to the rights and contentions of the claimant.

Key takeaways

Till the next date, the possession warrant issued shall not be executed; if the aforesaid undertaking (payment of Rs. 40 Lakhs within four weeks) is not complied with, the ad-interim protection granted by this order shall stand vacated without further reference to the Court.ratio¶32

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), Writ Petition No. 8399 of 2025, order dated 25 June 2025 - Eden Education Society v. M/s. Kakade VTP Associates. Interim order on a petition urgently moved on the production board because a possession warrant had been issued in execution proceedings of an arbitral award. The petitioner submitted that the arbitrability of the counter claim for possession had been raised before the learned Arbitrator and decided against it, and that the same issue had been raised in its application under Section 34 of the Arbitration and Conciliation Act, 1996; counsel relied on BXIN Office Parks India Pvt Ltd. v. Kailasa Urja Pvt. Ltd, 2022 SCC OnLine Bom 1689. To show bonafides, the petitioner undertook to pay Rs. 40 Lakhs to the respondent by on-line transfer within four weeks; the statement was accepted as an undertaking to the Court and the liberty was granted without prejudice to the rights and contentions of the claimant. Till the next date, the possession warrant shall not be executed; if the undertaking is not complied with, the ad-interim protection stands vacated without further reference to the Court. Petition listed high on board in the caption 'Admission' on 30th July 2025.

Iresh

514.8399.25 wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8399 OF 2025

Eden Education Society

.....Petitioner

Vs.

M/s. Kakade VTP Associates .....Respondent

Mr. Surel Shah a/w Mr. Amey Deshpande, Ms. Vandana Bail for the petitioner

Mr. Ashwin Shete a/w Mr. Abhay Dhadiwal i/b Jayakar and Partners for the respondent

CORAM : GAURI GODSE, J.

IRESH

MASHAL

Digitally signed by IRESH MASHAL Date: 2025.06.27 13:33:06 +0530

ORDER:

DATE : 25^th JUNE 2025

Not on board. Taken on production board.

This petition is urgently moved as in execution proceedings

of arbitral award, the possession warrant is issued. Learned senior counsel for the petitioner submits that the issue regarding arbitrability of the counter claim for possession was raised before

the learned Arbitrator. However, it was decided against the

petitioner. He submits that in the application under Section 34 of

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514.8399.25 wp.docx

The Arbitration and Conciliation Act, 1996, the petitioner has raised this issue regarding the arbitrability of the counter claim for possession. To support his submission, he relies upon the decision of this Court in the case of BXIN Office Parks India Pvt Ltd. Vs. Kailasa Urja Pvt. Ltd¹ .

With regard to the award for outstanding payment is concerned, learned senior counsel for the petitioner, on instructions submits that to show bonafides, the petitioner shall pay an amount of Rs. 40 Lakhs to the respondent by on-line transfer, within four weeks from today. He submits that the possession warrant be stayed till this Court hears the petition.

Statement made regarding making payment to the respondent is accepted as an undertaking to this Court. The petitioners are permitted to make the payment of Rs. 40 Lakhs to the respondent by on-line transfer within four weeks from today. It is clarified that this liberty is granted without prejudice to the rights and contentions of the claimant.

Till the next date, the possession warrant issued shall not

1 2022 SCC OnLine Bom 1689

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514.8399.25 wp.docx

be executed. It is clarified that if the aforesaid undertaking is not complied with, the ad-interim protection granted by this order shall stand vacated without further reference to the Court.

List this petition on 30^th July 2025.

To be listed high on board in the caption of ‘Admission’.

[GAURI GODSE, J.]

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