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2013 Supreme(Bom) 2590

R.M.SAVANT
Eagle Agro Farm Private Limited – Appellant
Versus
Eagle Soraj Townships Private Ltd. – Respondent


Advocates:
Advocate Appeared
For the Petitioner:Ms. Chandana Salgaonkar, Advocate.
For the Respondent:R1 to R3, S.G. Aney Senior Advocate with A.S. Daver i/b Sayeed Mulani, Advocate.

JUDGMENT

1. Rule, with the consent of the Learned Counsel for the parties made returnable forthwith and heard.

2. The Writ Jurisdiction of this Court is invoked against the order dated 1-8-2013 passed by the Learned Civil Judge Junior Division, Vadgaon, Maval, by which order, the Suit in question being Regular Civil Suit No.12 of 2011 was stayed pending the arbitration proceedings between the Petitioner herein and the Respondent No.2.

3. The facts necessary to be cited for adjudication of the above Petition can be stated thus:

The Petitioner herein is the owner of the properties comprised of Survey No.77/1, 78/1, 75/2/1 in Village Warale TalMaval, Dist Pune.

The Petitioner decided to develop the said properties by causing construction thereon. The Petitioner negotiated with the Respondent No.2 herein as regards the terms and conditions of such development and ultimately the parties entered into a Joint Venture by forming a private limited company in the name and style of M/s. Eagle Soraj Township Pvt Ltd., which is the Respondent No.1 herein. A Joint Venture Agreement was entered into between the Petitioner and the Respondent No.2 towards formation of the Joint Venture company. In the
























































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