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2025 Supreme(Online)(Bom) 6710

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, Sandeep V. Marne, J
Ritesh Haldar – Appellant
Versus
Elite Housing LLP and Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Mayur Khandeparkar, Mr. Nivit Srivastava, Ms. Sneha Patil, Mr. Yash Chedda, Brena Gala, Mr. Rohit Bamne, Mr. Pravin Samdani, Mr. Sahil Saiyed, Mr. Amit Padwal
For the Respondents: Mr. Rohaan Cama, Mr. Kyrys Modi, Mr. Shanmukh Puranik, Ms. Sunita Serrao, Mr. Krisandra Hegde, Mr. Nimay Dave, Ms. Nitya Shah, Ms. Aditi Bhargavan, Ms. Shitha Jain

Table of Content
1. ownership dispute amid redevelopment. (Para 2 , 3)
2. legal representation and claims. (Para 4 , 5)
3. rights of occupancy before eviction. (Para 8 , 9)
4. execution of agreements in owner's name with conditions. (Para 12 , 13)
5. final order and modifications granted. (Para 16 , 19)

Judgment: (Per Sandeep V. Marne J.)

1) Commercial Arbitration Appeal (L) No. 14486/2025 is not on board. Upon request made by the learned counsel appearing for the parties, the same is taken on board and heard along with Commercial Arbitration Appeal (L) No. 15542/2025. Both the Appeals are admitted and with the consent of the learned counsel appearing for parties, they are taken up for final disposal.

2) These two appeals are filed under Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) challenging the judgment and order dated 16 April 2025 passed by the learned Single Judge of this Court in Petition filed by Respondent No.1 seeking interim measures under Section 9 of the Act. By the impugned order, the learned Single Judge has granted liberty to Respondent No. 1 to approach the Court Receiver for execution of tripartite Agreement in respect of the Flat in question for c

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