M/S C B Developers v. Ketan Amrutlal Jobalia
Case brief
What is this about?
Section 9 interim relief not to continue idle for six years; consent terms recorded as undertakings and petitions disposed; development agreement terminated January 31, 2019; six-year inaction by developer Ketan Amrutlal Jobalia; status quo order May 3, 2019 enured to petitioner and unchallenged; Section 11 application disposed by appointment of Nausher Kohli as Sole Arbitrator; disclosure under Sections 11(8) and 12(1); arbitral costs equally in first instance; merits kept open for tribunal; MCGM Executive Engineer to process redevelopment applications under consent terms; tenants intervenors made Respondent Nos.4 to 8; PAAA subsidiary to development agreement; arrears of Rs.75 Lakhs left to commercial adjustment; Respondent No.1 declined joint arbitration with tenants.
What did the court decide?
Consent terms among C.B. Developers, the tenant respondents (Nos.4 to 8) and the new developer (Respondent No.3) accepted and recorded as undertakings to the Court; Commercial Arbitration Application No.236 of 2024 (Section 11) disposed of by appointing Mr. Nausher Kohli as Sole Arbitrator for the disputes between the Petitioner and Respondent No.1, with disclosure under Sections 11(8) and 12(1) within two weeks and arbitral costs shared equally in the first instance; the Executive Engineer, MCGM (Respondent No.2) requested to process applications pursuant to the consent terms; parties left free to pursue arbitration and interlocutory measures before the arbitral tribunal; all issues on merits expressly kept open.