Disposed

Stephen @ Steven G Fernandez v. M/S Grace Gharunda

Bombay HC16 Oct 2014ARBP/1093/2013

Case brief

AI extract

What is this about?

The court disposed of an arbitration petition seeking relief under Section 9 of the Arbitration and Conciliation Act, 1996 for the 8th and 9th floors. Relief was denied due to third-party rights involving absent parties. The petitioner was directed to file a fresh petition under Section 9 or apply for interim relief under Section 17 before the arbitrator.

What did the court decide?

Petitioner liberty to file fresh petition under Section 9 or apply under Section 17; Respondent to submit agreement copies and third-party details.

Stephen @ Steven G Fernandez Vs M/S Grace Gharunda — Arbitration | Bombay HC (2014)

KPP

ARBP-1093-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1093 OF 2013

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Stephen @ Steven G. Fernandez … Petitioner Versus M/s. Grace Gharunda … Respondents

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Mr. Anil R. Mishra for the Petitioner.

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Mr. A.R. Pande for the Respondent.

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CORAM: S.J. KATHAWALLA, J. DATE: 16TH OCTOBER, 2014 (In Chamber)

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P.C.:

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The Learned Advocates for the parties agree that they shall not ask for any time on the adjourned dates before the Learned Arbitrator and shall proceed with the recording of cross-examination on the dates fixed by the Learned Arbitrator. The statement is accepted. The Learned Arbitrator shall not grant time to either side unless absolutely necessary.

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The Petitioner is seeking relief under Section 9 of the Arbitration and Conciliation Act, 1996(“the Act”), qua the 8^th and 9^th floors of the saleable area. It is not possible to grant reliefs since, according to the Respondent, third party rights have been created and the said third parties are not present before the Court. In fact, as far as the 8^th floor is concerned, the third parties have created further rights qua the said premises. The Petitioner is therefore at liberty to file a

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KPP 2 ARBP-1093-2014

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fresh petition under Section 9 of the Act, if so advised or to take out an application under Section 17 of the Act before the Learned Arbitrator for appropriate reliefs. The copies of the agreements as regards flat Nos. 801, 802, 901 and 902 shall be handed over by the Advocate for the Respondent to the Advocate for the Petitioner on or before 17^th October, 2014. Particulars of further third party rights created by the parties to whom flats on the 8^th floor are sold by the Respondent shall also be provided by the Advocate for the Respondent to the Advocate for the Petitioner on or before 17^th October, 2014. The above Petition is accordingly disposed of.

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( S.J.KATHAWALLA, J. )

Stephen @ Steven G Fernandez v. M/S Grace Gharunda

Case brief

What is this about?

What did the court decide?

Stephen @ Steven G Fernandez v. M/S Grace Gharunda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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