Himbindu Co-Operative Society Ltd. v. Jitendra Shankerlal Brahmbhatt

906-arbp 785-19 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.785 OF 2019 Himbindu Co-operative Society Ltd.

..Petitioner Vs.

Jitendra Shankerlal Brahmbhatt ..Respondent ----- Mr.Ajay Panicker with Mr.Amit Kakri i/b. M/s.Ajay Law Associates for Petitioner.

Dr.Birendra Saraf with Mr.Mayur Khandeparkar with Mr.Yogesh Adhia and Mr.Laxman Jain i/b. Mr.Yogesh Adhia for Respondent. ----- CORAM :

G.S. KULKARNI, J.

DATE :

14th AUGUST, 2019 P.C.:

This petition was heard on the backdrop of the earlier orders dated 1 July 2019 and 8 July 2019. Mr.Panicker, learned Counsel for the petitioner would state that there are certain compliances which are required to be made by the respondent as per the Consent Terms dated 3 April 2018 between the parties. The compliance is stated to be in regard to the supplemental agreement entered between the parties. 2.

Mr.Khandeparkar, learned Counsel for the respondent states that stamp duty is already paid on the supplemental agreement and what remains now is only registration and execution of the supplemental agreement.

3.

Mr.Panicker, learned Counsel for the petitioner states that his client is ready and willing to execute the supplemental agreement on

906-arbp 785-19 any date which may be so fixed. He submits that a representative of the petitioner who is granted a power of attorney by other members would execute the supplemental agreement.

4.

Mr.Khandeparkar would not be averse to the submission as made by Mr.Panicker.

5.

Accordingly, the parties within 10 days from today shall mutually fix a date and take necessary steps to get the supplemental agreement executed. The parties also agree that on the same day, permanent alternate accommodation agreement shall also be registered. 6.

Mr.Khandeparkar reiterates the statement as made on behalf of the respondent that the interim compensation/rent shall be paid as per the undertaking of the respondent as contained in the affidavit of the respondent dated 11 July 2019.

7.

In view of the above consensus, in my opinion, further adjudication of this petition is not called for. The petition is disposed of, in the above terms however, keeping all contentions of the parties open. [G.S. KULKARNI, J.]