Bombay High Court
Buildarch Land Developers Private ... vs Aneesh Co-Operative Housing Society ... on 15 June, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
p4.carbpl.8457.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed
ANJALI by ANJALI
IN ITS COMMERCIAL DIVISION
TUSHAR
TUSHAR ASWALE
ASWALE Date: 2022.06.16
14:36:29 +0530
COMMERCIAL ARBITRATION PETITION (L) NO. 8457 OF 2022
Mr. Monish Laxmikant Thakoor ..Petitioner
Vs.
Aneesh Co-op Hsg Soc Ltd & Ors ..Respondents
And
Mumbai Building Repairs &
Reconstruction Board ..Co-Respondent
WITH
COMM. ARBITRATION PETITION(L)NO.8676 OF 2022
Buildarch Land Developers
Pvt Ltd ..Petitioner
Vs.
Aneesh Co-op. Hsg. Soc Ltd
& Ors ..Respondents
And
Mumbai Building Repairs
& Reconstruction Board ..Co-Respondent
WITH
COMM. ARBITRATION APPLICATION (L)NO.8471 of 2022
Mr. Monish Laxmikant Thakoor ..Applicant
Vs
Aneesh Co-op. Hsg. Soc Ltd
& Ors ..Respondents
Aswale page 1 of 7
p4.carbpl.8457.22.odt
Mr.Sanjay Kadam, Sanjeel Kadam, Sayali Rajpurkar, Nitish Lad i/b
Kadam & Co, for the Petitioner.
Mr.M. A. Shah, for Respondent Nos.1 to 8, 10 to 11(b).
Mr. Yogesh Bhoge i/b Jurispetitus Mumbai, for Co-Respondent.
Mr. Dinesh Moniz, Respondent No.2(a) is present.
Ms. Elizabeth Pereira, Respondent No.3 is present.
Ms.Usha Dadarkar (Respondent No.5) through POA holder Vrushali
Nageshkar is present.
Mr.Rhishikesh J. Lakhote, Member-Respondent No.6(a) and 7
present.
Mr.Sunil T. Rawool, Treasurer-Respondent No.8 is present.
Mr. Harshal A. Bandivdekar, Secretary-Respondent No.10 is present.
Mr. Ajit Anna Ghodke, Respondent No.10(a) present.
Mr. Monish L. Thakoor, Director of Petitioner is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JUNE 15, 2022.
P. C.:
Not on Board. The above matters are mentioned as the Regular Bench is unavailable for judicial work today.
2 When the above matters are called out, the learned counsel Aswale page 2 of 7 p4.carbpl.8457.22.odt appearing on behalf of the Petitioner as well as for the Respondents have informed this Court that the matter is settled as recorded in the Consent Terms dated 31st May, 2022. They have urged this Court to take these Consent Terms on record as the Petitioners as well as all the Respondents except Respondent No.4, Respondent No.10 (b), Respondent Nos.11 (a) and 11 (b) are also present in Court. Considering that most of the parties are present before the Court and in order not to inconvenience them, I have acceded to their request and taken the matter on Board.
3 The Consent Terms firstly contemplate that Respondent No.2(a) as well as Respondent No.6(a) be joined in the cause title of the Section 9 Petitions mentioned above as the legal heirs of Original Respondent No.2 and Original Respondent No.6 respectively. This amendment is hereby allowed (as per Annexure-B to the Consent Terms). The amendment shall be carried out within a period of one week from today. Re-verification is dispensed with. 4 The Consent Terms dated 31st May, 2022 have been signed by Mr. Monish Laxmikant Thakoor as the Petitioner in Commercial Arbitration Petition (L) No. 8457 of 2022 and as a Director of the Petitioner in Commercial Arbitration Petition (L) No. 8676 of 2022.
Aswale page 3 of 7
p4.carbpl.8457.22.odt
Mr. Monish L. Thakoor is present in Court today. He has stated before the Court that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof. 5 Similarly, the Consent Terms have been signed on behalf of the 1st Respondent Society by the Secretary (Harshal A. Bandivdekar), the Treasurer (Sunil Tukaram Rawool) and a Member (Rhishikesh J. Lakhote). The aforesaid three signatories are present in Court today. They have all stated before the Court that they have signed the Consent Terms on behalf of Respondent No.1 after reading and understanding the same as well as the implications thereof.
6 The Consent Terms have also been signed by Respondent No.2(a), Respondent No.3, Respondent No.5, Respondent No.6(a), Respondent No.7, Respondent No.8, Respondent No.10 and Respondent No.10(a) who are all present in Court today. They have all stated before the Court that they have signed the Consent Terms after reading and understanding the same as well as the implications thereof. 7 As far as Respondent No.4 is concerned, he is not present in Court today as he is of old age and could not remain present. He has put his left thumb impression on the Consent Terms. The Secretary, the Aswale page 4 of 7 p4.carbpl.8457.22.odt Treasurer and the Member of Respondent No.1 (who have signed the Consent Terms on behalf of the 1st Respondent Society) have stated before the Court that the left thumb impression of Respondent No.4 has been affixed on the Consent Terms in their presence. The reason why Respondent No.4 has affixed his left thumb impression is because he is unable to sign due to old age. They have stated that he understands English and has read and understood the Consent Terms as well as the implications thereof before affixing his left thumb impression on the Consent Terms.
8 Respondent No.10 (b) is not present in Court today because her son is unwell and she is at home taking care of him. However, the husband of Respondent No.10(b) and who is arrayed as Respondent No.10(a), is present in Court today. He has stated before the Court that his wife-Respondent No.10(b) has singed the Consent Terms in his presence and after reading and understanding the same as well as the implications thereof.
9 As far as Respondent Nos.11(a) and 11(b) are concerned, I am informed that Respondent No.11 (a) is unable to attend the Court today as he is 85 years old. As far as Respondent No.11(b) is concerned, he is currently out of station, and is therefore, been unable to attend the Aswale page 5 of 7 p4.carbpl.8457.22.odt Court today. The Consent Terms have been signed by Respondent Nos.11(a) and 11 (b). The Secretary, the Treasurer and the Member of Respondent No.1 (who have signed the Consent Terms on behalf of the 1st Respondent), have stated before the Court that Respondent Nos.11(a) and 11 (b) have signed the Consent Terms in their presence and after reading and understanding the same as well as the implications thereof. 10 The Consent Terms have also been signed by the advocates for the Petitioner and the advocates for the Respondents. 11 In these circumstances, the Consent Terms dated 31 st May, 2022 are taken on record and marked "X" for identification. The undertakings given in the Consent Terms, if any, are accepted as undertakings given to the Court.
12 There shall be an order in terms of the Consent Terms. The parties have informed me that these Consent Terms now resolve all disputes between the Petitioner and the Respondents and there is no requirement to go for arbitration. It is accordingly so noted. 13 In view of the statement recorded above, Arbitration Application (L) No.8471 of 2022 does not survive and Mr. Kadam, the learned counsel appearing on behalf of the Petitioner seeks leave to Aswale page 6 of 7 p4.carbpl.8457.22.odt withdraw the same. Accordingly, Arbitration Application (L)No.8471 of 2022 (seeking the constitution of the Arbitral Tribunal) is dismissed as withdrawn.
14 I must make note of the fact that Respondent No.9 is not a signatory to the Consent Terms. The reason why he is not a signatory has been set out in paragraph 21 of the Consent Terms. To put it in a nutshell, Respondent No.9 is Sumati Vasudev Kawli who has expired. There is a dispute between the two sons of Respondent No.9 interse between them and it is for this reason that Respondent No.9 or her legal heirs are not signatories to these Consent Terms. 15 The above Section 9 Petitions are accordingly disposed of. No order as to costs.
16 This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Aswale page 7 of 7