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2022 Supreme(Bom) 765

G.S.KULKARNI
Nehru Nagar Ratnadeep Co. op. Hsg. Soc. Ltd. – Appellant
Versus
S. D. Bhalerao Constructions – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aakash Rebello, Ms. Sunitha Perumal, Mr. Sachin Masurkar
For the Respondent: Mr. Vaibhav Krishna, Mr. Tahir Prande, Juris Consillis, Mr. Sanjay Bhalerao

JUDGEMENT :

1. The present proceeding is another case of a co-operative housing society having 40 members who are literally on the street. Their building being demolished in January 2015, who are at the mercy of the respondent-developer and who are suffering from the year 2011 that is since the time 39 members vacated their respective tenements.

2. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the petitioner/a co-operative society (for short, “the society”) is before the court praying for the following interim measures pending the arbitral proceedings.:-

    “(a) pending the hearing and final disposal of the arbitration proceedings, this Hon'ble Court restrain the Respondent, or its agents, servants or any person claiming through or under it from holding itself out as the developer of the subject property or from purporting to transfer, sell, encumber or create any third party rights or interests of any nature whatsoever or in any manner in the subject property;

(b) pending the hearing and final disposal of the arbitration proceedings, this Hon'ble Court direct the Respondent, or its agents, servants or any person clai

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