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2021 Supreme(Bom) 534

A.K.MENON
Kash Foods Pvt. Ltd. – Appellant
Versus
Omkar Realtors & Developers Pvt. Ltd – Respondent


Advocates appeared:
Mr. Haresh Jagtiani, Sr. Advocate, A/W Mr. Sharan Jagtiani, Sr. Advocate, A/W Ms. Bhumika Chulani & Ms. Bhavi Vora I/B. Siddhesh Bhole, for the Appellant / Mr. Mayur Khandeparkar A/W Jamshed A/W H. Diamondwala, I/B. Diamondwala & Co, for the Respondent.

JUDGMENT

1. The applicants are proceeding in execution of consent award passed by a sole arbitrator. The applicants are the claimants in arbitration. Three separate applications seek the diverse reliefs against the sole respondent. In the Chamber Summons of several reliefs, the applicants have now restricted their claim to prayer clauses j (i) & (ii) and prayer clause k(ii) restricted to unsold units in Tower C.

2. In application no.3557 of 2020, the applicant seeks a temporary injunction restraining the respondent, its servants and agents from alienating, creating third party rights or transferring development rights granted to respondent under a development agreement dated 13th April, 2013 without prior approval of the applicants. The applicants also seek an order directing the respondent to disclose (a) Minutes of Meetings held on 30th August, 2020 between respondent and its lead investors and third parties in relation to the project known as Omkar 1973 at Worli; (b) details and information about any transaction entered into by the respondent and any third party in relation to transfer of its development rights in the project and (c) details and information entered into between th

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