developer has admittedly breached the order of the learned Arbitrator by not paying the monthly compensation since the last several months (aggregating to approximately Rupees two crores) towards temporary alternate accommodation because of which the members and their families are put to risk of even loosing the temporary roofs over their heads. The developer is even today not in a position to comply with the direction / order of the learned Arbitrator in its entirety. Instead, only because of the members have moved this Court, the developer has now made some without prejudice offer i.e. to make part payments, which the members of the Society who have completely lost trust and faith in the developer have rejected. Under such circumstances, the members certainly have a right to move the learned Arbitrator seeking appropriate adinterim/interim reliefs against the developer under changed circumstances. The learned Arbitrator would certainly have a right to hear such Application and pass adinterim/interim orders including orders which were earlier not granted/passed in favour of the members of the Society. Mr. Bookwala, Senior Advocate, appearing for the developer states that if such an Application is made, the Respondent shall not oppose the same on the ground that such an Application is not maintainable before the learned Arbitrator. In the circumstances, the following order is passed :
