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2022 Supreme(Bom) 734

G.S.KULKARNI
BXIN Office Parks India Pvt. Ltd. – Appellant
Versus
Kailasa Urja Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sharan Jagtiani, Karl Tamboly, Krushi Barfiwala.
For the Respondents: Surel Shah, Saurabh Butala, Omkar Chitale, Manvi Sharma.

JUDGMENT :

G.S. KULKARNI, J.

1. These are three petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the petitioners are praying for interim measures pending the arbitral proceedings.

2. Arbitration Petition (L.) No. 22526 of 2022 (BXIN Office Parks India Pvt. Ltd.) has been argued as the lead petition. The subject matter of the proceedings is quite common, namely, a dispute as raised by the petitioner in the capacity of licensors against the respondent in all these proceedings being the licensees under the respective leave and licence agreements as entered between the parties.

3. For convenience, the facts in the lead petition are required to be noted:

    The petitioner is a company incorporated under the Companies Act, 1956 and is stated to have absolute right, title and authority in land admeasuring 39085.43 square meters bearing City Survey No. 841 lying, being and situated at Jupiter Mills, Lower Parel, Mumbai – 400 013 including the building constructed thereon called “One World Center” (formerly known as One Indiabulls Centre). The building consists of Tower-1 (Ground + 18 floors), Tower-2A and 2B (Ground + 20 floors) and Wing

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