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2021 Supreme(Bom) 906

G.S.PATEL
Rajawadi Arunodaya Co-op Hsg Soc Ltd – Appellant
Versus
Value Projects Pvt. Ltd. – Respondent


Advocates appeared:
Mayur Khandeparkar, Advocate, Tushar Gujjar, Advocate, Solicis Lex, Advocate, Rohaan Shah, Advocate, Paresh Shah, Advocate, Srisabari Rajan, Advocate, M/S Shah & Sanghavi, Advocate, Sagar Patil, Advocate, D.N. Kher, Advocate

JUDGMENT

G S Patel, J. - This order will dispose of two competing Petitions under Section 9 of the Arbitration and Conciliation Act 1996. The first Petition is filed by the Rajawadi Arunodaya Co-operative Housing Society Ltd ("Rajawadi"; "the Society") against the Respondent builder, Value Projects Pvt Ltd ("Value Projects"; "the Developer"). The opposing petition is by Value Projects.

2. While the narrative runs the usual pattern with some minor factual variations, I believe it is important to begin with an analysis of the rival claims and the relief that each seeks. Rather than set out the prayers in full, I will summarise them, thus. Rajawadi seeks, first, a mandatory injunction directing Value Projects to deliver possession of the project site or plot along with the structures on it, whether complete or partially complete. It then seeks the appointment of a Receiver to take possession (a prayer added by amendment); a temporary restraint against the Developer from creating third party rights over the land and building; another restraint against the Developer from interfering with or

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