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S. V. N. BHATTI, PRASANNA B. VARALE
VPS Healthcare Private Limited – Appellant
Versus
Prabhat Kumar Srivastava – Respondent
| Table of Content |
|---|
| 1. overview of parties and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding commencement of liability. (Para 10 , 14) |
| 3. court's observations on the contractual interpretation. (Para 11 , 12 , 16 , 18 , 19) |
| 4. ratio decidendi on immediate enforcement obligations. (Para 27) |
| 5. final judgment allowing the enforcement petition. (Para 29 , 30) |
JUDGMENT
S.V.N. BHATTI, J.
1. Leave granted.
2. VPS Healthcare Private Limited and Medeor Hospitals Limited are the Appellants. Prabhat Kumar Srivastava and Rishi Srivastava are the Respondents. A third-party M/S Ernst and Young LLP, Gurugram, is another entity to which a reference is made in the Judgment. For convenience, we refer to the Appellants, Respondents and the third party as VPS/Medeor, Promoters and EY, respectively.
3. The Civil Appeal arises from the Judgment dated 01.05.2023, in OMP (ENF.) (COMM.) 184/2022 in the High Court of Delhi at New Delhi. The Impugned Judgment deferred the execution of the Consent Award dated 01.03.2019, which was made by the Singapore International Arbitration Centre (hereinafter “SIAC”) in Arbitration No. 093/2017 between VPS/Medeor and the Promoters. The circumstances lea
The enforcement of indemnity obligations under a consent award occurs immediately upon crystallization of liability, not pending appellate confirmation.
The respondents are liable to discharge the liability imposed by the award dated August 17, 2021, only after it is confirmed by the highest Court of appeal.
An appeal against a consent decree is barred under Section 96(3) of the CPC; aggrieved parties must contest the decree's validity in the same court that issued it.
The court found the first defendant liable under the Guarantee/Indemnity without any triable issues and allowed the plaintiff's claim with costs.
A bald plea of fraud, coercion, duress, or undue influence is not enough to undo settlement agreements.
Consent awards are enforceable under the New York Convention and are not contrary to the public policy of India.
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