Juhu Tara Co. Operative Housing Society Limited v. Shree Sai Sagar Consultants
Case brief
What is this about?
Juhu Tara Co-operative Housing Society Limited v. Shree Sai Sagar Consultants & Anr., Bombay HC Arbitration Petition 407/2024, order dated 07.04.2025 (Somasekhar Sundaresan, J.): abandoned redevelopment site at CTS No. 34(Pt), Village Juhu, JVPD Scheme, Mumbai (about 569 sq.mtrs.) vacated by society members since 2010; Court Receiver directed to seal property and take charge; interim relief pending arbitration — appointment of Court Receiver with Order XL Rule I CPC powers including possession, and restraint on Respondent No. 2 from acting upon Power of Attorney dated 27th November 2009; Section 11 application to be filed and tagged; next date 28.04.2025; no precedents cited.
What did the court decide?
Interim relief granted in terms of prayer clauses (b) and (c): appointment of the Court Receiver, High Court, Bombay (or another fit and proper person) as Receiver with respect to the said Property — land bearing CTS No. 34(Pt) of Village Juhu, situated at Plot No.1, Sub Plot No. 11, Near UCO Bank, 10th North South Road, JVPD Scheme, Mumbai - 400 049, admeasuring about 569 sq.mtrs. — with all powers under Order XL Rule I of the Code of Civil Procedure, 1908 including power to take possession; and restraint on Respondent No. 2 from in any manner utilising and/or acting upon the Power of Attorney dated 27th November 2009, in each case pending the commencement, hearing and disposal of the Arbitral proceedings. The Court Receiver was additionally directed to seal the property and take charge of the site. The matter is listed on April 28, 2025; the Petitioner is to file an application under Section 11 of the Act, which is to be tagged with this Petition and listed together on the next date.