The High Court of Bombay dismissed an interim prayer in an arbitration petition, holding that termination of the development agreement and power of attorney rendered no interim relief prestatutory maintainable on merits.
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ARBP517-10
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.517 OF 2010
M/s.Om Shanti Projects & Anr. Versus Vitthal Rakhumai Shrikrishna Coop. Housing Society (Proposed) & Ors.
.. Petitioners
.. Respondents
Mr.A.N.Jakhadi for petitioners
CORAM : S.C.DHARMADHIKARI, J.
DATE : 11th January 2011
P.C.:
1] Heard Mr.Jhakhadi for petitioner. Perused the petition and the Annexures thereto. From the nature of the claim and particularly arising out of the termination of irrevocable power of attorney and the development agreement by the Cooperative Housing Society, no interim order can be granted in favour of the petitioners. More so, when it is not clear as to what right in respect of the said land/ property is created in favour of the petitioners by mere execution of development agreement. Prima facie the claim appears to be of recovery of money. In these circumstances, this petition is misconceived and is dismissed.
(S.C.DHARMADHIKARI, J)
1 issue framed by the court
Whether an interim order is maintainable in an arbitration petition arising from termination of power of attorney and development agreement.
M/s. Om Shanti Projects & Anr.
Vitthal Rakhumai Shrikrishna Coop. Housing Society (Proposed) & Ors.
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
