The Commercial Division dismissed an arbitration petition and disposed of a chamber summons where the respondent stated willingness to hand over possession.
Petition dismissed and chamber summons disposed.
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carbp13.16-54
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
COMM. ARBITRATION PETITION NO.13 OF 2016 WITH
CHAMBER SUMMONS (L) NO.10 OF 2016
Juhu Anamika Co-op HSG Ltd. through ) its members Satish R.Shukla & Ors.
)….Petitioners
V/s.
Kumar Housing & Land Development Limited and Ors.
)
)....Respondents
Mr.Nikhil Sakhardande i/by Mr.Vishal Tambat for petitioners. Mr.Sanjay Jain a/w Ms.Mansi Patel i/by Udwadia and Co. for respondent no.1.
Mr.Arun Panickar for applicant in Chamber Summons (L) No.10/2016.
CORAM : K.R.SHRIRAM,J DATE : 11.10.2017
P.C.:-
1 Mr.Jain appearing for respondent no.1 states that the respondents are ready and willing to hand over physical and actual possession of the property back to the petitioners. Mr.Jain states that the same statement was made before the learned Arbitrator and is being reiterated today. Mr.Jain also states that on the next date i.e., 13.10.2017 fixed by the learned Arbitrator respondents will go on with the matter and will not seek any adjournment.
2 Mr.Sakhardande appearing for petitioners states even the
KJ
2 carbp13.16-54
petitioners will not seek any adjournment and they will also go on with the matter.
3 In view of the statement made by respondent no.1 as noted above, Mr.Sakhardande states that nothing remains in the petition.
4 Petition stands dismissed.
5 Any other steps that petitioners may wish to take, they may do so in accordance with law.
6 In view of the above, Chamber summons (L) No.10 of 2016 also stands disposed.
(K.R.SHRIRAM,J)
KJ
1 issue framed by the court
Whether the commercial arbitration petition should be dismissed upon the respondent's statement of willingness to surrender possession without physical exchange of property.
Juhu Anamika Co-op HSG Ltd. through its members Satish R.Shukla & Ors.
Kumar Housing & Land Development Limited and Ors.
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
