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7-arbp 356-21.odt

Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION PETITION NO. 356 OF 2021

Habib Nadiadwala & Ors.

..Petitioners

Vs.

M/s. Next Constructions & Ors.

..Respondents

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Mr. Yatin Shah for Petitioners.

Mr. Shoaib Memon with Mr. Ibrahim Memon and Mr. Ashfaque

Shaikh for Respondent Nos.1 and 2.

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CORAM : G.S. KULKARNI, J.

DATE : MARCH 21, 2022.

P.C.:

1.

This is a petition filed under Section 9 of the Arbitration and

Conciliation Act, 1996 (for short, “the Act”).

2.

The petitioners are tenants who are 11 in numbers out of the total

20 tenants of an old building stated to be of the ownership of

respondent no.1 of which respondent nos.2 and 3 are Partners. The

petitioners are before the Court praying for the following interim

measures pending the arbitral proceedings :-

“(a) That this Hon’

ble Court be pleased to pass an order

thereby directing that the redevelopment proposal of Jai

Niketan building situate on property bearing Plot No. 509,

Scheme No. VII, Khar Danda, Khar West, Bombay at Junction of

1^st Road and 16^th Road, in Revenue Village Danda, South

Salsette Taluka, BSD admeasuring about 1195 sq. yards

equivalent to 999.20 be carried out by the Respondents or by

any other fit and proper competent authority or person as

decided by this Hon’

ble Court under the supervision of the

Hon’

ble Court Receiver, so that the Petitioners shall get their

premises as negotiated and stated in the Permanent Alternate

Accommodation Agreement being Exhibit “B” herein without

any difficulty;

(b)

That this Hon’

ble Court also be pleased appoint the

Court Receiver High Court Bombay or any other fit and proper

PRAJAKTA

SAGAR

VARTAK

Digitally signed

by PRAJAKTA

SAGAR

VARTAK

Date:

2022.03.24

17:50:58

+0530

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7-arbp 356-21.odt

person as Receiver in respect of the property bearing Plot No.

509, Scheme No. VII, Khar Danda, Khar West, Bombay in which

the building Jai Niketan was situated at Junction of 1^st Road

and 16^th Road, in Revenue Village Danda, South Salsette

Taluka, BSD admeasuring about 1195 sq. yards equivalent to

999.20 sq. mtrs;

(c)

That this Hon’

ble Court be pleased to issue a permanent

Order and Injunction thereby restraining the Respondents, their

agents, servants, partners and all other person or persons

claiming under or through them from in any manner, carrying

on any construction work on the property property bearing Plot

No. 509, Scheme No. VII, Khar Danda, Khar West, Bombay in

which the building Jai Niketan was situated at Junction of 1^st

Road and 16^th Road, in Revenue Village Danda, South Salsette

Taluka, BSD admeasuring about 1195 sq. yards equivalent to

999.20 sq. mtrs except under plans sanctioned by the MCGM;

(d)

That that pending the hearing and final disposal of the

Petition this Hon’

ble Court be pleased to pass temporary Order

and Injunction thereby restraining the Respondents, their

agents, servants, partners and all other person or persons

claiming under or through them, from in any manner, carrying

on any construction work on the property property bearing Plot

No. 509, Scheme No. VII, Khar Danda, Khar West, Bombay in

which the building Jai Niketan was situated at Junction of 1^st

Road and 16^th Road, in Revenue Village Danda, South Salsette

Taluka, BSD admeasuring about 1195 sq. yards equivalent to

999.20 sq. mtrs except under plants sanctioned by the MCGM;

(e)

That this Hon’

ble Court be pleased to pass orders

directing the Respondents to pay all the arrears and continue

paying the rent/compensation as agreed between the parties

under the Agreement for Permanent Alternate Accommodation

at Exhibit “B” herein every month without delay or default till

the newly constructed premises are allotted to them as per the

MCGM approved plan.”

3.

A landlord-tenant dispute, namely an eviction suit filed by

respondent no.1 against the petitioners, was subject matter of the

proceedings before the Small Causes Court at Mumbai in RAE Suit

No.536