Rajani Subhaiha Shetty v. Godrej Properties Ltd And ANR

924-ARBP592-16+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 592 OF 2016 Rajani Subhaiha Shetty

...Petitioner

Versus

Godrej Properties Ltd & Anr.

...Respondents

WITH ARBITRATION PETITION NO. 596 OF 2016 Bharat Chatrabhuj Vedant

...Petitioner

Versus

Godrej Properties Ltd & Anr.

...Respondents

Mr K Munshi, i/b Kishore N Shriyan, for the Petitioner in both. Mr Karl Tamboly, with Vivek Vashi, Aditya Sikka, & Madhulika Murthy, i/b Bharucha & Partners, for Respondent No. 1. Mr K Minhas, i/b M/s. H&M Legal Associates, for Respondent No. 2ICICI Bank Ltd. CORAM: G.S. PATEL, J DATED:

1st February 2017 PC:- 1.

On instructions, Mr Munshi seeks leave to unconditionally withdraw both Arbitration Petitions.

2.

Both the Arbitration Petitions are dismissed as withdrawn. No order as to costs.

1st February 2017

924-ARBP592-16+.DOC 3.

It goes without saying that the lis pendens notice that was served and registered on 19th July 2016 in relation to this Petition will obviously not survive and cannot continue in effect beyond today in regard to either Flat No. 1302 or Flat No. 401 in the construction called Godrej Serenity at Deonar Village Road, VN Purav Marg, Mumbai 400 088. The Respondents will therefore be at liberty to dispose of both flats to other purchasers and to pass complete and unencumbered marketable title free, at any rate, from any claim from these Petitioners.

(G. S. PATEL, J.) 1st February 2017