Mahalakshmi Infraengineers Pvt. Ltd. Vs Ocus Skyscrapers Realty… — Arbitration | Delhi HC (2026)

Mahalakshmi Infraengineers Pvt. Ltd. Vs Ocus Skyscrapers Realty… — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

Leave granted to the Decree Holder to withdraw the enforcement Petition with liberty to revive it in the event the Third party subsequently raises any claim or liability against the Decree Holder in respect of the Judgment Debtor's payment obligations under the Settlement Agreement.

Issue for consideration

Whether the Decree Holder should be permitted to withdraw the enforcement Petition, with liberty to revive it in the event the Third party (PSY Infrastructure Private Limited) subsequently raises any claim or liability against the Decree Holder in respect of the Judgment Debtor's obligations to make payments under the Settlement Agreement.

Court's answer

Leave and liberty, as sought by the Decree Holder, to withdraw the Petition with liberty to revive it upon any subsequent claim by the Third party, are granted by the Court.

Ratio / Principle

The present Petition, along with pending Application(s), stands disposed of in the above terms.

Detailed headnote1 paragraphs

Delhi High Court (Harish Vaidyanathan Shankar, J.), order dated 19.05.2026 in OMP (ENF.) (COMM.) 27/2025: Mahalakshmi Infraengineers Pvt Ltd (Decree Holder) had filed a Petition under Section 36(1) of the Arbitration and Conciliation Act, 1996 seeking enforcement of a consent award dated 12.09.2018, passed in terms of the Settlement Agreement dated 11.08.2018, limited to the Judgement Debtor Ocus Skyscrapers Realty Private Limited's non-performance of its obligation towards third party PSY Infrastructure Private Limited. Senior counsel for the Decree Holder acknowledged that the Judgment Debtor had placed on record a bank statement evidencing discharge of the liability towards the Third party, and that no demand, claim, or proceedings were pending against the Decree Holder qua the said Third party. Counsel sought leave to withdraw the Petition with liberty to revive it should the Third party subsequently raise any claim or liability. Leave and liberty were granted, and the Petition, along with pending Application(s), stood disposed of accordingly.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

OMP (ENF.) (COMM.) 27/2025

MAHALAKSHMI INFRAENGINEERS PVT LTD

.....Decree Holder

Through: Mr. Sanjeev Aanand, Senior Advocate along with Mr. Bipin Kumar Prabhat, Mr. Ashok Kumar Verma and Mr. Kislaya Prabhat, Advocates.

versus

OCUS SKYSCRAPERS REALTY PRIVATE LIMITED

.....Judgement Debtor Through: Mr. Lokesh Bhola and Mr. Rukun Vadehra, Advocates.

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R % 19.05.2026

The present Petition, filed under Section 36(1) of the Arbitration and Conciliation Act,1996 [ “Act” ], seeks the enforcement of the consent award dated 12.09.2018, which was passed in terms of the Settlement Agreement dated 11.08.2018 [“Settlement Agreement” ] entered into between the parties, insofar it relates to non-performance by the Judgement Debtor of its obligation towards the third party , namely , PSY Infrastructure Private Limited [ “Third party” ], in terms of the aforesaid Settlement Agreement.

Learned senior counsel appearing on behalf of the Decree Holder however submits that the Judgment Debtor has placed on record the bank statement evidencing that the liability towards the Third party stands discharged. It is further submitted that, as on date,

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 12:04:22

no demand, claim, or proceedings have been initiated or pending as against the Decree Holder in respect of any alleged liability qua the said Third party.

Learned counsel for the Decree Holder therefore seeks the leave of this Court to withdraw the present Petition, with liberty to revive the same, in the event any claim or liability is subsequently sought to be raised by the said Third party against the Decree Holder in respect of the obligations of the Judgment Debtor to make payments to the third party in terms of the Settlement Agreement as between the parties herein.

Leave and liberty, as sought for, are granted.

Accordingly, the present Petition, along with pending Application(s), stands disposed of in the above terms.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 19, 2026/tk/dj

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 12:04:22