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2022 Supreme(Bom) 966

G.S.KULKARNI
Relcon Infroprojects Ltd. – Appellant
Versus
Ridhi Sidhi Sadan, Unit of Shree Ridhi Co. op. Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Karl Tamboly a/w. Akanksha Mishra, Jiu Rathod i/b. Dinanath
Tiwari
For the Respondent: Mr. Sarosh Bharucha a/w. Mr. Ameet Mehta, Ms. Jayashri Manjrekar, Ms. Smriti Pal i/b. M/s. Solicis Lex Mr. Anil D’souza a/w. Valentine Mascorenhas, Mr. Vaibhav Charalwar a/w. Ms. Shweta R. Rathod i/b. Elixir Legal Services, Mr. Udayan Jain

ORDER :

1. This is a petition filed under section 9 of the Arbitration and Conciliation Act, 1996 whereby the petitioner who has been appointed as a developer by respondent no.1-”Ridhi Sidhi Sadan, Unit of “Shree Ridhi Sidhi Cooperative Housing Society Ltd.” (for short “the Society”) is before the Court praying for the following interim measures pending the arbitral proceedings:

    “a) The respondent no. 1 and its members (respondent nos. 2 to 5 herein) and respondent no. 6 be ordered and directed to handover quiet, vacant and peaceful possession of their respective flats, i.e. Flat No. 13 (2nd floor) of respondent no. 2, Flat no. 19 (1st floor) of respondent no. 3 and Flat No. 28 (1st floor) of respondent no. 4 and Flat No. 14 (2nd floor) of the respondent nos. 5 and 6 to the petitioner on or before 03.05.2022 for the purpose of demolition and commencing and completing the redevelopment of the building of respondent no. 1.

b) The respondent nos. 2 to 5, their legal heirs, successors, servants, agents, authorized representatives, occupants etc. by an Order Direction of Injunction, be restrained from doing any act of Obstruction/Non-Cooperation, which shall amount jeopardizing the terms o

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