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2014 Supreme(Bom) 117

R.D.DHANUKA
Heritage Lifestyle & Developers Ltd. – Appellant
Versus
Cool Breeze Co-operative Housing Society Limited – Respondent


Advocates appeared:
For the Petitioner:S.U. Kamdar, Senior Advocate a/w Sanjay Jain, S.A. Oak, i/b. Mahesh Menon & CO., Advocates.
For the Respondent:R1, Dr. Birendra B. Saraf, a/w Ashwin Shete, Nikhil Wable, Karan Adik, Ms Apoorva Gupta i/b Jayakar & Partners, R34, Venkatesh Dhond, Senior Advocate a/w Murlidhar i/b Joy Legal, Advocates.

Judgment

1. By this Petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) the Petitioner seeks an injunction restraining the Respondent No.1 from appointing any other builder/Developer to re-develop the property described in prayer (a) of the petition.

Some of the relevant facts for the purpose of deciding this petition are as under:

2. The respondent no.1 is a Co-operative Housing Society. The Respondent Nos. 2 to 33 are members of the respondent No.1 society. Respondent nos. 34 is impleaded as party-respondent pursuant to an order dated 9.7.2013 passed by this Court.

3. The respondent no.1 society wanted to re-develop the property described in prayer clause (a) of the Petition. The respondent No.1 is a lessee of the Maharashtra Housing and Area Development Board (MHADA) in respect of the said property. On 12.7.2012 the petitioner submitted a proposal to the first respondent in respect of re-development of the said property.

4. On 16.7.2012 the respondent No.1 passed a resolution to cancel the then existing agreement between Shikara Constructions Pvt. Ltd. The respondent No.1 resolved to appoint the Petitioner as a Devel




























































































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