Allowed

Vaidehi Akash Housing Pvt. Ltd. v. New D.N. Nagar Co-Op Housing Union Ltd.

Bombay HC7 Jan 2011ARBP/1087/2010

Case brief

AI extract

What is this about?

The High Court of Bombay, Ordinary Original Civil Jurisdiction, allowed the withdrawal of an arbitration petition under section 9 of the Arbitration and Conciliation Act, 1996, with liberty to file a fresh petition for interim measures. Associated chamber summonses were dismissed as not surviving.

What did the court decide?

Withdraw of arbitration petition allowed with liberty to file fresh petition for interim measures under Section 9.

Vaidehi Akash Housing Pvt. Ltd. Vs New D.N. Nagar Co-Op Housing… — Arbitration | Bombay HC (2011)

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arbp1087-10.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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ARBITRATION PETITION NO.1087 OF 2010

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Vaidehi Akash Housing Pvt Ltd

.. Petitioner

Versus

New D.N. Nagar & Ors

.. Respondents

ALONGWITH

CHAMBER SUMMONSES NOS. 631/10, 637/10, 640/10, 643/10, 644/10,645/10,646/10,647/10,648/10,649/10,650/10,651/10,653/10, 654/10,655/10,656/10,657/10,658/10,659/10,660/10,661/10,662/10. 689/10,690/10,699/10,707/10,752/10,1070/10 AND 1183/10

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Mr.Janak Dwarkadas, Sr.Advocate i/by Laxmi Murali & Associate for the petitioner in arbitration petition.

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Mr.A.S.Desai for applicant in Chamber Summons.

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Mr.M.M.Vashi i/by M.P.Vashi & Associates for applicant in Chamber Summons No.752/10.

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Mr.Virag Tulzapurkar a/w Simil Purohit i/by Wadia Gandhy & Co for applicant in Chamber Summons No.631 of 2010.

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Ms.Reena Salunkhe for the applicant in Chamber Summonses Nos. 645/10 and 646/10 to 651/10, 653/10 and 654/10 to 662/10 and 689/10.

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Mr.A.S.Gautama i/by Dhruva & Partners for the applicant in Chamber Summons No.643/10.

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CORAM: S.C.DHARMADHIKARI, J. DATE : 7^th FEBRUARY 2011

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P.C.

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. This arbitration petition is under section 9 of the

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arbp1087-10.doc 2

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Arbitration and Conciliation Act, 1996.

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2 During the course of arguments, it was urged that the petitioner wish to place on record certain subsequent developments and then seek appropriate interim measures.

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3 However, from the record it appears that several events

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have taken place after the Special General Body Meeting dated 25^th April 2010.

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4 In such circumstances, Mr.Dwarkadas, senior counsel appearing on behalf of the petitioners seeks leave to withdraw this petition with liberty to file a fresh petition under section 9 of the Arbitration and Conciliation Act, 1996 seeking such interim measures as are permissible in law.

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5 Petition is allowed to be withdrawn with liberty as prayed. Dismissed as withdrawn with liberty.

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6 Other chamber summonses and intervention applications

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arbp1087-10.doc

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have been placed on board to be taken up alongwith this arbitration

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petition.

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7 In the light of the fact that arbitration petition is permitted to be withdrawn and stands disposed off as such, no orders can be passed on these chamber summonses/intervention applications. As and when the petitioners make any application for interim measures by way of a fresh petition in terms of the liberty sought above and granted, it would be open for all the applicants to make such application for intervention by way of chamber summons or otherwise as is permissible in law. All contentions of all parties to the arbitration petition and to this chamber summons are kept open. Chamber summonses disposed off as not surviving and subject to above.

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(S.C.DHARMADHIKARI, J)

Vaidehi Akash Housing Pvt. Ltd. v. New D.N. Nagar Co-Op Housing Union Ltd.

Case brief

What is this about?

What did the court decide?

Vaidehi Akash Housing Pvt. Ltd. v. New D.N. Nagar Co-Op Housing Union Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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