Angoori Devi Educational and Cultural Society v. Vishwa Jagriti Mission
Case brief
What is this about?
Settlement-based disposal of an arbitration challenge: Section 34 petition O.M.P. (COMM) 398/2025 disposed of via joint Order XXIII Rule 3 / Section 151 CPC application; Memorandum of Settlement dated 11.02.2026 recorded and made part of order; White Lotus International School, Surat occupancy permitted till 31.03.2028 under Agreements dated 12.11.2014 and 09.03.2016; waiver of Rs. 50 lakh Majority Arbitral Award costs on timely vacatur; 20% tuition fee revenue share and education of 50 students; liberty to revive Execution Petition No. 204 of 2025 (ADJ-VIII, Commercial Court) for warrant of possession per Order dated 04.12.2025; mesne profit Rs. 2 lakh per day from 01.04.2028 on failure to vacate; contempt and civil/criminal remedies on breach.
What did the court decide?
Joint application allowed and the Section 34 petition disposed of in terms of the Memorandum of Settlement Agreement (executed 11.02.2026, taken on record and made part of the order); all pending applications stand disposed of. Settlement terms recorded: the First Party is to operate White Lotus International School, Surat from the existing building up to 31.03.2028 in accordance with the Agreements dated 12.11.2014 and 09.03.2016, with an undertaking to vacate and hand over peaceful and complete physical possession on or before 31.03.2028; it is not liable to pay the Rs. 50 Lakh costs of the Majority Arbitral Award if it vacates by 31.03.2028; it is to educate 50 students recommended by the Second Party and pay 20% of tuition fee revenue; on failure to vacate, the Second Party may revive Execution Petition No. 204 of 2025 for a Warrant of Possession per the Order dated 04.12.2025 and mesne profit/damage of Rs. 2 Lakhs per day accrues from 01.04.2028; breach entitles the aggrieved party to civil or criminal proceedings including under the Contempt of Court Act.