Lok Housing And Construction Ltd v. Sankalp Realty Pvt Ltd And 20 ORS.
chs 874 of 2016 (923).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.874 OF 2016 IN ARBITRATION PETITION NO.1693 OF 2015 Lok Housing and Construction Ltd.
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Petitioner versus Sankalp Realty Pvt. Ltd. and Ors.
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Respondent and Ajit Naganath Moholkar and ors.
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Applicants Mr. Rajiv Kumar, Senior Advocate with Mr. R.B.Singhvi i/by M/s. Lex Services, for Respondent No.1.
Mr. Mahesh Joshi i/by Mr. Ghosh, for Applicants to CHS. Mr. Zubin Behramkamdin with Mr. Vyom Shah with Mr. Jahan Chokshi i/by M/s. Divya Shah Associates, for Plaintiff.
CORAM: S.J. KATHAWALLA, J.
DATE: 20th JULY, 2016 P.C.:
1.
In view of the arbitration agreement between Sankalp Realty Pvt. Ltd. and Lok Housing and Construction Limited, by an order dated 14th July, 2016, the disputes between them have been referred to the sole arbitration of Mr. E.P.Bharucha, Senior Advocate. 19 flat purchasers have taken out the above Chamber Summons stating that they be permitted to intervene in the Petition and be allowed to represent 177 flat purchasers in the Arbitration Proceedings. In other words they want to be joined as party Respondents to the arbitration proceedings to enable them to participate in the said proceedings and also represent the 177 flat purchasers in the ssp 1/2
chs 874 of 2016 (923).sxw Arbitration Proceedings.
2.
Since the arbitration agreement is only between the two developers and certain disputes have arisen between them, it is only the disputes between the two developers which are referred to the sole Arbitration of Mr. E.P.Bharucha, Senior Advocate, the question therefore, of the flat purchasers being allowed to be joined as party Respondents to the arbitration proceedings or to participate in the arbitration proceedings pertaining to the disputes between the two developers does not arise. In view thereof, the above Chamber Summons is dismissed. Needless to add that the flat purchasers are always at liberty to pursue their independent remedies available in law. ( S.J.KATHAWALLA, J. ) ssp 2/2