Malad Shantinath Co-Operative Housing Society Ltd. v. Dilip Narayan Joshi
Case brief
What is this about?
Redevelopment of co-operative housing society; Malad Shantinath Co-operative Housing Society Limited; Sahakar Infracon Projects Pvt. Ltd. (Developer); development agreement dated March 27, 2023; Court Receiver; forcible/vacant possession; Flats A-12, B-20, B-25; Trivedi family; Joshi family (Dilip Narayan Joshi; Sudha D. Joshi); Soni family (Ghanshyam Shantilal Soni); undertakings to vacate by February 27, 2025; police protection; transit rent; corpus amount; Permanent Alternate Accommodation Agreement; invocation of arbitration; Section 17 of the Act (title of Act not stated in the order); Bombay High Court; Somasekhar Sundaresan, J.; decision date January 23, 2025; CARAP 219/2024; CARBP(L) 456/2024; CARBPL 992/2025; CARBP 747/2024; interim protective directions; part-heard matter continued from January 15, 2025.
What did the court decide?
With the aforesaid directions, the connected Commercial Arbitration Applications/Petitions concerning the redevelopment of Malad Shantinath Co-operative Housing Society Limited were finally disposed of: Court Receiver empowered to take forcible possession of Flats Nos.A-12, B-20 and B-25 with local police protection if not vacated by February 27, 2025 and hand them to the Developer; transit rent/corpus per the Developer's commitments under the Development Agreement; Permanent Alternate Accommodation Agreement to be executed; parties to invoke arbitration with the tribunal taking over under Section 17 of the Act; Society's counsel undertook all other members would vacate by February 27, 2025.