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2016 Supreme(Bom) 327

ANOOP V.MOHTA, G.S.KULKARNI
Prajita Developers Pvt. Ltd. – Appellant
Versus
Yusuf Khan alias Dilip Kumar – Respondent


Advocates:
Advocate Appeared:
Mr. Janak Dwarkadas, Senior Advocate with Mr. Zal Andhyarujina with Arup Dasgupta, Ms. Shruti Sardesai Mr. Nirav Merchant and Ms. Deepika Sekar i/b. Jhangiani Narula & Associates for the appellants.
Mr. Milind Sathe, Senior Advocate with Mr.Chirag Shah and Parag Shah i/b. M/s. Mahesh Shah & Co. for respondent No.1
Mr.N.H.Seervai, Senior Advocate with Mr. Rahul Chitnis i/b. Akshay Shah for respondent No.2

JUDGMENT :

Anoop V. Mohta, J.

The Appellants (original Petitioners) have challenged impugned order dated 14.01.2016 passed by the learned Single Judge, thereby the Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “Act of 1996”) is dismissed.

2. The Appellants, through Section 9 Petition, sought injunction against Respondent No.1, his servants and agents from dispossessing from the property bearing land admeasuring 2,056 sq.mtrs. plot no.16 of Pali Hill Estate in the Village of Danda (Bandra), Taluka-Andheri, Bandra (East), Mumbai 400 051, forming part of Survey No.236, No.3, N.A. No.329 corresponding CTS. No. C/1395, C/1396 and C/1397 (hereinafter referred to as the said Property).

3. Respondent No.1 is 92 years old, a senior citizen, had entered into Development Agreement dated 23.06.2006. The learned Judge referred those facts in paragraphs 4, 5 and 6 in the impugned order, which read thus:

“4 The development agreement dated 23.6.2006 was executed between Yusuf Khan alias Dilip Kumar Respondent no.1, M/s.Sharyans Resources Limited (hereinafter r




































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