citedby: 159160782

M/S Vidhi Industries vs M/S Mahindra Mgf Co ( Regd) & Anr on 13 August, 2024

15. Avoiding a long academic discussion, in another case titled Sanwarlal Agrawal v. Ashok Kumar Kothari8, it was categorically held that an Executing Court can construe a decree if it is ambiguous. However, this cannot result in additions or altering the terms of the decree.

Delhi High Court Cites 15 - Cited by 0 - D K Sharma - Full Document

Jagat Singh And Others vs Roshan Lal on 22 August, 2025

In Sanwarlal Agrawal v. Ashok Kumar Kothari , (2023) 7 SCC 307: 2023 SCC OnLine SC 168, the Court held that the decree was ambiguous and proceeded to construe it by referring to the emails exchanged between the parties. It was held to be impermissible by the Hon'ble Supreme Court. It was observed at page 314:

Himachal Pradesh High Court Cites 13 - Cited by 0 - Full Document

The Indian Express P Ltd vs Express Publications Madurai Pvt Ltd on 13 November, 2025

87. I find much merit in the submission on behalf of the Plaintiff that there has been no acquiescence by the Plaintiff of the Defendant's use of the expression 'The New Indian Express, Madurai' outside of the five southern states and UTs. In any event, it is well settled that there cannot be an acquiescence or waiver of rights accrued under a consent decree. The judgments of the Supreme Court namely, Sanwarlal Agrawal (Supra), Lalchand (Supra) and Shivshankar Gurar (Supra) are apposite. An attempt on the part of the Defendant to distinguish these judgments on the ground that they have been passed in the context of the executing Court interpreting a decree and hence not applicable is misconceived. A Court seized of a 51/55 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 21:07:21 ::: ial-31555-2024.odt subsequent dispute involving interpretation of a Consent Decree can certainly not validate the breach of the Consent Decree on the grounds of alleged acquiescence.

Bombay High Court Cites 33 - Cited by 0 - R I Chagla - Full Document

M/S U.P. Rajya Vidyut Utpadan Nigam, ... vs M/S Adani Enterprises Ltd., Ahemdabad ... on 9 April, 2026

Sanwarlal Agarwal v. Ashok Kumar; (2023) 7 SCC 307;

Allahabad High Court Cites 37 - Cited by 0 - P Bhatia - Full Document

Rajeev Swaika vs Suneel Swaika And Ors on 9 January, 2024

In support of such contentions, the judgment debtors rely on the decisions in Sanwarlal Agarwal vs. Ashok Kumar Kothari (2023) 7 SCC 307, State of M.P vs. Mangilal Sharma (1998) 2 SCC 510 and Shiv Charan Dindayal Jain vs. Mohanlal (2004) 72 DRJ 178.

Calcutta High Court Cites 8 - Cited by 0 - R K Kapur - Full Document

M/S Tata Motors Limited vs Delhi Transport Corporation on 9 August, 2024

7. As an Executing Court, it is not possible for me to go behind the award of which execution is sought. Sanwarlal Agrawal v. Ashok Kumar Kothari2 thus sets the law in perspective:

Delhi High Court Cites 8 - Cited by 0 - C H Shankar - Full Document

Smt. Devakki W/O Lagamanna Hammannavar vs Smt. Kasavva D/O Ramappa Patil on 23 September, 2024

NC: 2024:KHC-D:13602 WP No. 105456 of 2024 and enjoyment of the suit schedule properties by the defendant and even in spite of that decree was passed by the Trial Court and the same has been confirmed by this Court in the second appeal as well as by the Apex Court causing obstruction and assistance of the police also sought for removal of obstruction. Hence the said fact is also taken note of by the Trial Court and particularly referring the judgment of the Apex Court with regard to the moulding of the relief by the Executing Court, the judgment reported in (2023) 7 SCC 307 in the case of Sanwarlal Agrawal v. Ashok Kumar Kothari. I do not find any error committed by the Trial Court in allowing I.A.No.II also.

Karnataka High Court Cites 6 - Cited by 0 - H P Sandesh - Full Document

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