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2008 Supreme(Bom) 102

D.Y.CHANDRACHUD
JEWEL TOUCH (INDIA) PVT. LTD. – Appellant
Versus
NAHEED HAFEEZ QURAISHI (PATRAWALA) – Respondent


Advocates Appeared:
For petitioner:Haresh Jagtiani, Senior Advocate with Anil D'Souza, Ms. Vandana Mehta and Hamed Kachani instructed by Anil D'Souza
For respondent Nos. 1 to 5:F. Divetre, Senior Advocate with Gaurav Joshi and Hemang instructed by RMG Law Asso.
For respondent Nos. 6 and 7: Ramesh Jain

JUDGMENT ;-

In a petition under section 9 of the Arbitration and Conciliation Act, 1996, two reliefs have been sought pending the commencement and conclusion of arbitral proceedings: (i) The appointment of a Receiver in respect of a plot of land which forms the subject-matter of the dispute, with a direction to the Receiver to take possession and hand over possession to the petitioner; (ii) An order of injunction restraining the respondents from alienating or creating third party rights in respect of the plot.

2. Respondent Nos. 1 to 7 are the legal heirs of Abdul Hafeez Khairulla Quraishi (Patrawala) who died on 31st July, 2005. During his lifetime, the deceased entered into a Memorandum of Understanding of 9th June, 2005 under which he is alleged to have agreed to transfer and assign his right title and interest in a plot of land at the Bandra Kurla Complex, bearing CTS No. 4207, admeasuring 819.3 sq.mtrs. to the petitioner. The deceased, the petitioner and the Eighth respondent as developer, were parties to the agreement. The MOU contemplates that the Eighth respondent would construct on the land a building of the required specifications, for consideration. The petitioner claims














































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