Bombay High Court
Kunda Prakesh Raut vs Haware Builders Private Limited on 3 September, 2024
2024:BHC-OS:13542
Digitally
signed by
MUGDHA
MUGDHA MANOJ
MANOJ PARANJAPE
PARANJAPE Date:
2024.09.04
1 26-ARBP(L) 19399-24.doc
10:27:28
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L) NO.19399 OF 2024
Kunda Prakash Raut & Ors. ... Petitioners
V/s.
Haware Builders Private Limited & Anr. ... Respondents
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Mr. Rohit Agarwal i/by Kruti Bhavsar for the Petitioners.
Mr. Mateen Shaikh for Respondent No.1.
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CORAM : ARIF S. DOCTOR, J.
DATE : 3RD SEPTEMBER 2024
P.C. :
1. The grievance in this Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 is that Respondent No.1 Builder is not handing over possession to the Petitioners of their respective entitlement under the Development Agreement. It is thus that prayer clauses (a) and (b) have been prayed for, which read as follows:-
"a. This Hon'ble Court be pleased to pass an appropriate order/direction, directing the Respondent No. 1 to forthwith unconditionally handover possession of their respective flats to the Petitioners; b. This Hon'ble Court be pleased to pass an appropriate order/direction, directing the Respondent No. 1 to forthwith execute a registered Mugdha 1 of 2 ::: Uploaded on - 04/09/2024 ::: Downloaded on - 04/09/2024 13:56:09 :::
2 26-ARBP(L) 19399-24.doc agreement on ownership basis with the Petitioners in respect of their respective flats;"
2. Today, Learned Counsel appearing on behalf of Respondent No.1 Developer submits that the possession of the premises have been offered since October, 2023, but it is the Petitioners, who are not coming forward, despite reminders, to take possession of their respective flats. He fairly submits that he has no objection if the Petition is infact allowed in terms of prayer clause (a) and (b), since Respondent No.1 Developer has always been ready and willing to hand over possession of the respective flats to the Petitioners.
3. In view of the above, I find that the Petition can be disposed of in terms of prayer clauses (a) and (b), which have already been reproduced above.
4. Learned Counsel for Respondent No.1 Developer submits that the only details that Respondent No.1 Developer shall need from the members are the Aadhar Card, Pan Card and Share Certificate of the society.
5. The Petition is accordingly disposed of in the aforesaid terms.
(ARIF S. DOCTOR, J.)
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