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2021 Supreme(Bom) 1347

G.S.KULKARNI
Godrej Properties Ltd – Appellant
Versus
Goldbricks Infrastructure Pvt. Ltd – Respondent


Advocates appeared:
Dr.Birendra Saraf, Advocate, Yash Nomaya, Advocate, Samit Shukla, Advocate, Karan Dhawan, Advocate, Saloni Shah, Advocate, Shyam Dewani, Advocate, Chirag Chanani, Advocate, Dewani, Advocate

JUDGMENT

G. S. Kulkarni, J. - This is an appeal filed under Section 37 of the Arbitration and Conciliation Act,1996 (for short the Act) assailing an ex-parte order 8 October 2021 passed by the learned Sole Arbitrator on a Section 17 application filed by the respondent. By the impugned order, the learned Sole Arbitrator has granted ex-parte ad-interim reliefs in terms of prayer clauses (a), (b), (c) and (d) of the respondents application, which read thus:

(a) Restrain the Respondent and its agents, servants, employees, directors, officers, representatives and/or any one claiming through or under the Respondent, from dealing with, alienating, encumbering, creating third party rights or selling the unsold flats/inventories of Residential Zone-II in any manner whatsoever, without express/written permission or consensus of the claimant and sharing of the Gross Sales Revenue thereof with the Claimant in accordance with terms agreed upon between the parties, pending adjudication of the present proceeding by the Honble Tribunal;

b) Restrain the Respondent from deducting the alleged pending D. M. Fees towards Facilities Agreement and Villa DMA or any other claim/s from the Gross Sales Revenue

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