M/S New Redgelines Propertie Private Limited v. Mr. Digamber Vithoba Lokegaokar

17-AO-367-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.367 OF 2019 WITH CIVIL APPLICATION NO.440 OF 2019 M/s. New Redgelines Properties Private Limited ...Appellants Vs Mr. Digamber Vithoba Lokegaokar

...Respondent

...

Mr. Rajender S. Saluja with Ms. Senia Singh for the Appellants. Mr. Aakash Singh i/by Mr. A.M.Saraogi for Respondent. CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 29, 2022.

P.C. :

Heard learned counsel for the parties.

th August, 2016 passed at By impugned order dated 30 interlocutory stage, appellants/defendants were directed to pay rent/compensation to the plaintiffs, then due in terms of agreement th October, 2007. Learned counsel for the dated 17 appellants/developers does not dispute the agreement in question but would contend, that suit was not maintainable in view of the Clause Shivgan 1/2

17-AO-367-2019.odt 39 of the agreement, which provides for 'dispute resolution mechanism' through Arbitrator.

In consideration of the facts of the case, I am not inclined to interfere in the impugned order. However, appellants' contention that suit itself was not maintainable shall be dealt with by the trial Court in accordance with law. Thus, keeping all the contentions of the parties open, appeal is disposed of including all the applications therein.

(SANDEEP K. SHINDE, J.) Shivgan 2/2