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2016 Supreme(Bom) 131

K.K.TATED
Aditya Developers – Appellant
Versus
Nirmal Anand Cooperative Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Vishal Kanade a/w Mr. M.P. Vora i/b M/s. Pramodkumar & Co. for the Petitioner
Mr. Sachin V. Masurkar a/w Ms. Sunitha Perumal for the respondent no.1
Mr. Bharat Joshi for the respondent no.3
Mr. A.S. Patil for the respondent no.5
Mr. R.R. Varma for the respondent nos.6 and 7

JUDGMENT :

1. Heard the learned counsel for the parties.

2. This petition is under section 9 of the Arbitration and Conciliation Act, 1996 for appointment of Court Receiver in respect of the property as described in Exhibit-A with power to take possession of flats from respondent nos.2 to 7 or their family members or any person found in possession thereof and hand over the same to the petitioner for demolition and redevelopment in accordance with the redevelopment agreement dated 25.9.2013. (Hereinafter referred to as 'said property')

3. In the present proceeding, respondent no.1 Society entered into a Redevelopment Agreement with the petitioner on 25.9.2013 for redevelopment of their property as described in Exhibit-A (hereinafter referred to as 'said Agreement'. The said agreement was duly registered with the Sub-Registrar of Assurance, Mumbai Suburban District, Bandra. As per the said agreement, the Society agreed to hand over vacant and peaceful possession of the suit premises to the petitioner on terms and conditions as stated therein. It was specifically stated in the said agreement that, in case any difference or dispute arise between the parties than the Arbitrator can be appo


















































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