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2016 Supreme(Bom) 515

R.D.DHANUKA
Paranjape Schemes Construction Ltd. – Appellant
Versus
Avinash Madhukarrao Yekhande – Respondent


Advocates Appeared:
Mr. P.S. Dani, Senior Advocate, i/b. Mr. Prasad Kulkarni for the Petitioner/Appellant.
Ms. Gauri Godse, a/w. Mr. Dilip Athavale, Mr. Jaydeep Deo for the Respondents.
Mr.Atul Damle, Senior Advocate, i/b. Mr.Anant Vadgaonkar

JUDGMENT :

1. Admit. Learned counsel appearing for the respondents waive service. By consent of parties, appeal is heard finally.

2. By this appeal filed under section 37 of the Arbitration and Conciliation Act, 1996, (for short the said 'Arbitration Act'), the appellant has impugned the order and judgment dated 21st January, 2015 delivered by the learned District Judge – 14, Pune allowing the application filed by the respondents partly filed under section 9 of the Arbitration Act and temporarily restraining the appellant from carrying out construction of 'E' Building in terms of prayer clause (A) of the application, till further orders. The appellant herein was the original opponent in the proceedings before the learned District Judge – 14, Pune whereas the respondents herein were the applicants.

3. Some of the relevant facts for the purpose of deciding this appeal are as under :-

4. The respondents desired to acquire residential accommodation for themselves and their family members. The appellant is a developer who has proposed to construct various buildings in the city of Pune. On 31st December, 2011 Pune Municipal Corporation granted approval to the building plans submitted by the










































































































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