Bombay High Court
Malad Gaurav Co-Operative Housing ... vs Padmavati Maitri Corporation Llp ... on 31 January, 2022
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
Digitally signed
VIDYA by VIDYA
SURESH AMIN
SURESH Date:
AMIN 2022.02.01
10:52:33 +0530
12.ARBAPL30193_2021.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION (L) NO. 30193 OF 2021
WITH
COMMERCIAL ARBITRATION PETITION (L) NO. 30196 OF 2021
Malad Gaurav Cooperative Hsg. Society Ltd. ... Applicant/Petitioner
V/s.
Padmavati Maitri Corporation LLP Builder and
Development & Ors. ... Respondents
Mr. Rohan Sawant with Mr. Laxminarayan R. Shukla i/b. M/s. Legal
Vision for the applicant/petitioner.
Mr. Ashok M. Saraogi for the respondents.
CORAM : G.S.KULKARNI, J.
DATE : 31 January, 2022 P.C.:
1. The immediate concerns raised by the applicant/petitioner are:
(i) The time limit within which the property taxes would be cleared and the warrant of attachment as issued in respect of the premises of the Society revoked;
(ii) The date on which the Architect appointed by the respondents would be applying for Occupation Certificate in respect of B-Wing;
(iii) The earliest possible time within which the outstanding rent payable to the members would be cleared and the security in that behalf which would be given by the respondents till such rent is cleared;
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12.ARBAPL30193_2021.doc
(iv) The time limit within which the construction of A-Wing is to be completed and an application for Occupation Certificate will be made.
2. Let all these issues point by point be dealt under separate headings and clearly be set out in the additional affidavit along with proper/relevant documents, which is now permitted to be filed by the respondents. The respondents are also permitted to set out clearly the actual position on the record of the Municipal Corporation in regard to the payment of property tax.
3. To enable Mr. Saraogi, learned counsel for the respondents to place on record affidavit of his clients on such immediate concerns as raised by the applicants, stand over to 4 February, 2022 (F.O.B.).
4. It is to be noted that if some false or incorrect information is placed on record, the Court shall accordingly pass appropriate orders for filing such defective and/or false affidavit.
5. In the meantime an endevour be made by the respondents to disburse part of the outstanding rent, to be released in favour of the members of the applicants.
(G.S.KULKARNI, J.) 2/2