PASHMINA REALTY PRIVATE LIMITED Vs. EKTA HOUSING PRIVATE LIMITED

JUDGEMENT

(1.) This Review Petition seeks review of the order dtd. 24/12/2025 passed by this Court in the Interim Application No. 6979 of 2025 in Commercial Execution Application No. 188 of 2025.

(2.) Mr. Jagtiani, learned Senior Counsel appears for the Review Petitioner and submits that although the Arbitral Tribunal had under Sec. 17 of the Arbitration and Conciliation Act, 1996 (the 'Arbitration Act') directed disclosures from the Review Petitioner, however, when the said order under Sec. 17 of the Arbitration Act has been brought before this Court for execution under the Execution Application and the Interim Application, this Court had on 24/12/2025, in addition to directing the Review Petitioner to comply with the order of disclosures passed by the Arbitrator, directed that the Review Petitioner make disclosures in terms of prayer Clause (c) to the Interim Application.

(3.) Mr. Jagtiani, learned Senior Counsel submits that the disclosures sought in the Application vide prayer Clause (c) are beyond the disclosures sought for before the Arbitrator and granted by the learned Arbitrator and could thus, never have been sought for and granted in execution of the Order under Sec. 17 of the Arbitration Act. Mr. Jagtiani submits that by framing the prayer Clause (c) in the Application, which proceeds on the basis that it is to enable the Applicant to carry out its obligations under the agreement in question, the Execution Applicant is seeking to convert the prohibitory orders that were granted by the Arbitrator in terms of prayer Clauses (a), (b) and (c) to an order for specific performance at an interlocutory stage, which is impermissible.