Marcelina Joseph Dias v. Jitendra Maneklal Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1579 OF 2014 Allywn William Silveria Petitioner ARBITRATION PETITION NO.1580 OF 2014 Caetano Rosario Menino Lourdinho Vaz Petitioner ARBITRATION PETITION NO.1592 OF 2014 Fatima D'Souza Nee Ferrao Petitioner ARBITRATION PETITION NO.1603 OF 2014 Ganapathy S. Vaidhyanathan Petitioner ARBITRATION PETITION NO.1604 OF 2014 Marcelina Joseph Dias Petitioner ARBITRATION PETITION NO.1613 OF 2014 1/7

Thomas Cajetan Fernandes Petitioner ARBITRATION PETITION NO.1617 OF 2014 Judith Filomeno D'Silva Petitioner ARBITRATION PETITION NO.1626 OF 2014 Louis Caetano Gomes Petitioner ARBITRATION PETITION NO.1627 OF 2014 Malikayil Nalini Nicholson Petitioner ARBITRATION PETITION NO.1628 OF 2014 Innocencial Mascarenhas Nee Mendonca Petitioner ARBITRATION PETITION NO.1630 OF 2014 Felix Salvador Saldanha Petitioner 2/7

ARBITRATION PETITION NO.1633 OF 2014 Kusuma Narayan Thingalaya Petitioner ARBITRATION APPLICATION (L) NO.97 OF 2015 Ganapathy S. Vaidhyanbathan Applicant ARBITRATION APPLICATION (L) NO.98 OF 2015 Innocencia Mascarenhas Nee Mendonca Applicant ARBITRATION APPLICATION (L) NO.99 OF 2015 Fatima D'Souza Nee Ferro Applicant ARBITRATION APPLICATION (L) NO.100 OF 2015 Marcelina Joseph Dias Applicant ARBITRATION APPLICATION (L) NO.101 OF 2015 Caetano Rosario Menino Lourdinho Vaz Applicant ARBITRATION APPLICATION (L) NO.102 OF 2015 3/7

Judith Filomeno D'Silva Applicant ARBITRATION APPLICATION (L) NO.103 OF 2015 Louis Caetano Gomes Applicant ARBITRATION APPLICATION (L) NO.104 OF 2015 Thomas Cajetan Fernandes Applicant ARBITRATION APPLICATION (L) NO.105 OF 2015 Malikayil Nalini Nicholson Applicant ARBITRATION APPLICATION (L) NO.106 OF 2015 Allwyn William Silveria Applicant ARBITRATION APPLICATION (L) NO.107 OF 2015 Kusuma Narayan Thingalaya Applicant ARBITRATION APPLICATION (L) NO.110 OF 2015 Felix Salvador Saldanha Applicant 4/7

Mr. Naushad Engineer with Mr. Lalit Katariya, ms. B. Lobo i/by M/s. Katariya and Associates, for Petitioners/Applicants.

Mr. F. Andhyarujina, Senior Advocate with Mr. Ashish Rao, Mr. M.F.Andhyarujina i/by M/s. M and M Legal Ventures, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 4th SEPTEMBER, 2015 P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) All disputes between the parties arising out of the Agreement for Permanent Alternate Accommodation dated 25-01-2012 are referred to the sole arbitration of Mr.Sharan Jagtiani, Advocate. (ii) The learned Arbitrator shall endeavour to pass his Award within a period of 16 weeks from the date of the first meeting held before him by the parties and their Advocates.

(iii) The parties and their Advocates shall meet the learned Arbitrator in his Chambers on 8th September, 2015 at 5.30 p.m., and obtain necessary directions in the matter.

(iv) The cost of arbitration shall initially be borne by the parties equally.

(v) The venue of arbitration shall be at Mumbai. 5/7

(vi) The Respondent, who is present in Court, states that he has not created any third party rights in respect of Flat No.101, A Wing in the construction building 'The Palazzo', the total area of which is 930.55 sq. ft. (the said flat). The statement is accepted. He undertakes that he shall complete the interiors of the flat in all respects to make it habitable. He further undertakes that pending the passing of an award and in the event of the Award being adverse to the Petitioners for a period of six weeks thereafter, he shall not sell, alienate, encumber, part with possession and/or create third party rights in respect of the same. The undertakings are accepted. (vii)All contentions of the parties are kept open. (viii) The Defendant undertakes to pay arrears of rent commencing from March 2015 till date by 10-10-2015 and also undertakes to pay monthly rent/compensation on or before 10th day of each month until occupation certificate is obtained and the possession of the permanent alternate accommodation is handed over to the tenants for occupation. The undertakings are accepted.

(ix) The above Arbitration Petitions as well as Arbitration Applications are accordingly disposed of.

( S.J.KATHAWALLA, J. ) 6/7

C E R T I F I C A T E I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : Swaroop S. Phadke, P.S.

Uploaded on : 5th September, 2015.

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