Bombay High Court
Monica Thakur Parwani vs Vaswani Projects Pvt Ltd on 12 January, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
1/3 46 CARBP(L)-28449-2023 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM. ARBITRATION PETITION (L) NO.28449 OF 2023
Vaswani Projects Private Ltd .. Petitioner
Versus
Haresh Co-Operative Housing Society .. Respondent
Limited
WITH
INTERIM APPLICATION (L) NO.30884 OF 2023
WITH
COMM. ARBITRATION PETITION (L) NO.33834 OF 2023
Monica Thakur Parwani .. Applicant
Versus
Vaswani Projects Private Ltd .. Respondent
Mr. K.T. Kukreja a/w Ms. Chandni Sabnani i/b Suraj Dube for
petitioner in ARBPL No.3384/2023 and for respondent no.2 in
CARBPL No.28449/2023.
Mr. Zubin Behramkamdin senior counsel a/w Mr. Vyom Shah, Mr.
Anagh Prabhan, Jimish Shah and Anston Vaz i/b Divya Shah
Associates for petitioner in CARBPL NO.28449/2023, and for
respondent no.2 in CARBP L No.33834/2023.
Mr.Gauraj Shah a/w Adv. V.A. Joshi i/b Chitnis Vaithy & Co. for the
respondent no.4.
Mr. Ashok Saraogi for Applicant in IA(L) No.30884 of 2023 and for
respondent no.3 in CARBP(L) No.28449 of 2023.
Mr.Chirag Mody, appearing through VC, Mr. Bernardo Reis with
Adv. Anand I i/b Glenn Mendonca for respondent no.1 in both
petitions.
CORAM: BHARATI DANGRE, J.
DATED : 12th JANUARY 2024 P.C:-
1 The Arbitration Petition is filed by the developer seeking necessary relief from the Court interalia to ensure and facilitate the Ashish ::: Uploaded on - 12/01/2024 ::: Downloaded on - 15/01/2024 00:45:17 ::: 2/3 46 CARBP(L)-28449-2023 .doc re-development of the property of respondent no.1 as contemplated by the Development Agreement dated 2/02/2023. It is the specific submission of learned senior counsel Mr Zubin Behramkamdin that the respondent no.1 comprise of 26 members and barring the respondent nos. 2 to 5, all the other members had rendered their cooperation.
The relief is therefore sought in the Section 9 petition to appoint a Court Receiver and evict these respondents, who are creating an impediment in the process of re-development.
2. The respective counsel appearing for respondent no.3 and 4 categorically make a statement that they are not averse to the development of the project, but their only problem is that they are in possession of flat No.A-1, by partitioning the same and before they hand over the premises, it is essential to have the area in possession of each of them, to be measured, so that the further steps of executing a PAAA and claiming the benefit under the Development Agreement shall become convenient.
For this purpose Interim Application (L) No.30884 of 2023 is taken out by respondent no.3, wherein a relief is sought to appoint an independent person, either a Commissioner or Court Receiver to personally visit the premises and measure the premises in possession of the applicant.
There is no opposition to the said prayer but the learned counsel for respondent no.4 specifically state that the measurement shall be carried out even in respect of the area in his possession in flat no.A-1.
The developer would also be satisfied if such a measurement is carried out so that he can proceed ahead as ultimately Ashish ::: Uploaded on - 12/01/2024 ::: Downloaded on - 15/01/2024 00:45:17 ::: 3/3 46 CARBP(L)-28449-2023 .doc both the counsel representing respondent no.3 and 4 have made it clear that they are not opposing the re-development and upon the necessary exercise being carried out, shall hand over the Unit No.A-1 for being re-developed.
3. For the aforesaid exercise the respective counsel agree to the appointment of Advocate Varad Kilor, Junior Associate at the Chamber of Mr. Shyam Mehta, Sr. Advocate Bombay High Court, as a Commissioner, who shall visit the premises situated in A-1 Haresh Bhavan, plot no.263, 30th Road Bandra (West) and in the presence of the respondent no.3 and 4 and the representative of the Society and on furnishing the necessary documents, in order to establish their possession in flat no. A-1.
On the visit of the Commissioner, to undertake the aforesaid exercise, he shall be assisted by an architect of the developer who shall render technical assistance.
The aforesaid exercise shall be carried out on 14/01/2024, at 11:00 a.m. It is made clear that no fresh notices shall be issued to the respondent nos.3 and 4 or to the developer for offering the assistance.
4. The Commissioner appointed shall be entitled to a fees of Rs. 20,000/- to be shared equally by the respondent nos. 3, 4 and 5.
The report shall be furnished before the Court on or before 18/01/2024. To be listed along with IA (L) No.35314/2023 on 19/01/2024.
In the meantime the replies/rejoinders are permitted to be filed.
( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 12/01/2024 ::: Downloaded on - 15/01/2024 00:45:17 :::