Held that no interim relief in a Section 9 petition where properties were already transferred to third parties. Liberty granted to petitioner to approach appointed arbitrator for reliefs. Petition disposed of.
Liberty granted to Petitioner to apply for reliefs before the Arbitrator.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L) NO. 175 OF 2011
The Ghatkopar Prakash Co-op. Hsg. Soc. Ltd.
....Petitioner.
Vs.
Rameshchandra Nanalal Khetani
....Respondent.
Ms. Rekha Shinde for the Petitioner. Mr. J.S. Kini i/by Mr. Suresh Dubey for the Respondent.
CORAM : ANOOP V. MOHTA, J.
DATE : 24th MARCH, 2011
P.C.:
Rule, returnable forthwith. Heard finally.
The Petitioner-Society has filed the present Section 9 Petition
against the Developer on various grounds including the excess construction. The Petitioner has already appointed the Arbitrator.
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and marked Exhibit A and Exhibit B are the copies of the two registered agreements. I state that on the flats there is bank loan as the flats are mortgaged.
I see there is no case made out by the Petitioner-Society for interim relief as prayed, as the properties have already been transferred and third party rights have already been created.
3 However, as the parties have already appointed the Arbitrator, liberty is granted to the Petitioner to apply for the reliefs before the Arbitrator. All the points are kept open. The Petition is accordingly disposed of. No order as to costs.
2 issues framed by the court
Whether a Section 9 petition for appointment of arbitrator can be granted interim relief when properties have been transferred to third parties.
Whether liberty can be granted to the petitioner to approach the Arbitrator for reliefs despite the pending Section 9 petition.
1 provisions across 1 enactments
The Ghatkopar Prakash Co-op. Hsg. Soc. Ltd.
Rameshchandra Nanalal Khetani
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
