Commercial arbitration petition over disputes under agreements for permanent alternate accommodation and a development agreement was settled by consent terms: respondents to pay Rs.13.50 lakh, with mutual waiver of claims, indemnity regarding bank guarantee invoked by the housing society, confidentiality, no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Coram: Arif S. Ooctw, J
Dets::
'V''
Ass
IN THE HIGH COURT OF JUDICATE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 147 OF 2024
4
| M/s Sidhivinayak Constructions | ||
|---|---|---|
| A Partnership Finn registered | ) | |
| Under the Indian Partnership Act, 1932 | ) | |
| Having its office at: 409/410, Mahinder | ) | |
| Chambers, 919/28-29 W.T. Patil Marg, | ) | |
| Chembur, Mumbai - 400 071 | ) | |
| Through its Partner: Sidharth Aggarwal | ) | ...Petitioner |
| Versus | ||
| 1. Arun Vasheshamath Rishi | ) | |
| Age: 56, Indian Inhabitant. | ) | |
| Residing at: Flat No. A-501, Apurva | ) | |
| Building, Sion Trombay Road, | ) | |
| Chembur, | ) | |
| Mumbai - 400 071 | ||
| 2. Sudha Vasheshamath Rishi | I | |
| Age: 54, Indian Inhabitant, | ) | |
| Residing at: Flat No. A-202, Apurva | ) | |
| Building, Sion Trombay Road, | ) | |
| Chembur, Mumbai - 400 071 | ...Respondents |
...Respondents
1
Consent terms
I
2
K
PAAA and the other PAAA. The said aggr^gnte sum of Rs.13.50,000/- shall be paid by the Respondents to the Petitioner on or before 31st August 2024 in the following manner:
I
6. PuTva Co-Operative Housing Society Ltd. invoked the bank guarantee provided by the Petitioner under the said Development Agreement and paid part of the transit rent to the Respondents as mentioned in the said PAAA and the other PAAA. In the event that
3
Purva Co-Operative Housing Society Ltd. Claims back the said amounts from the Respondents, the Petitioner agrees to indemnify the Respondents against such claims.
7. In light of the above, the Petitioner and the Respondents confirm that they shall have no claims against each other of any nature whatsoever arising out of the said PAAA, the other PAAA and the said Development Agreement.
8. The above Commercial Arbitration Petition and Commercial
9. There shall be no order as to costs.
Dated this 19 day of August 2024*
4
M/s Sidhivlnayak Coastraetions Through
Anu Vaaheshamath Rishi
Its Partner: Sldhar^ Aflxarwal
of MUMBAI jo)
1 * *
Remondent llo.l
Sudha Vashesharnath Rishi
Chaitanyaa D. Bhandatkar
Advocate for the Petitioner
Pradayeah Sabnis
Advocate for the Respondents
4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITOATION PETITION
NO. 147 OP 2024
M/s Sidhivinayak Constructions ... Petitioner
And
Arun Vasheshamath Rishi & Anr. ...Respondents
I
CONSENT T»M8
4
■ Z t'
Dated this 19<** day ofAugust 2024
E?'-/ '
. 1.
J
a'
t
i;
lU-
M/s Sidhivinayak Constructions
Arun Vasheshamath Rishi
Sudha Vasheshamath Rishi
Arif S. Ooctw
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
