SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Bom) 329

SHALINI PHANSALKAR-JOSHI
Suman Baburao Thapa – Appellant
Versus
Jigar K. Mehta – Respondent


Advocates Appeared:
For the Petitioner:Rafeeq Peermohideen, a/w. Suresh M. Sabrad, Preetam Gupta, Amey Sawant, i/by Jeetendra Sachdev, Advocates.
For the Respondents:Bhushan Walimbe, i/by Amol B. Jadhav, Advocates.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Peermohideen, learned counsel for the Petitioner, and Mr. Walimbe, learned counsel for Respondent Nos.1 and 2.

2. By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 17th November 2017 passed by the Joint Civil Judge, Senior Division, Panvel, below the application at “Exhibit-19” in Special Civil Suit No.566 of 2011.

3. The application at “Exhibit-19” was preferred by the present Petitioner, who is Defendant No.1 before the Trial Court, for referring the dispute to the Arbitrator, under Section 8 of the Arbitration and Conciliation Act, 1996, (for short, “Arbitration Act”).

4. Respondent Nos.1 and 2 herein had filed this Suit before the Trial Court for specific performance of the contract in respect of an 'Agreement of Sale' dated 4th July 2010, executed by the Petitioner in their favour. It pertains to the plot of land bearing No.A-57, admeasuring 850 sq.mtrs., situate at Sector No.16 at Village Ulave-II, Taluka Panvel, District Raigad, allotted by Respondent No.3-City and Industrial Development






























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top