Kandivali Dattatraya C.H.S.L. v. Rite Developers Private Limited
pvr 901carbp42-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Commercial Arbitration Petition NO. 42 OF 2020 Kandivali Dattatraya C.H.S.L.
...Petitioner
Versus
Rite Developers Private Limited
...Respondent
--- Ms.Drasti R.Jani i/b. M/s.Solicis Lex, for the Petitioner. Mr.Ritesh Shah, Director of Respondent present in person (PAN No.AMFPS 7962J) Mr.Jawahar Desai, Chairman of the Petitioner-Society present. ----- CORAM :
G.S. KULKARNI, J.
DATE :
17 March 2020 P.C.:
This is a petition filed under Section 9 of the Arbitration and Conciliation Act,1996 (for short '
the Act'
).
2.
Learned Counsel for the petitioner as also Mr.Ritesh Shah, Director of the Respondent who is present in the Court who has been identified by the Chairman of the Petitioner Society, have tendered consent terms dated 14 March 2020 arrived between the parties. Both the signatories to the consent terms namely Mr.Jawahar Desai, Chairman of the petitioner-society and Mr.Ritesh Shah, Director of the respondent-company, are present in the Court and are accordingly identified by the Advocate for the petitioner as also by the Chairman of the petitioner as noted above. They state that as per the consent terms the disputes between the parties stand resolved. There is no dispute in regard to the signatures as made on the consent terms. The consent terms are accordingly taken on record and marked "X" for identification.
pvr 901carbp42-20 3.
Undertakings as contained in the consent terms are accepted as undertakings to the Court. Any breach of any of the undertakings would entail a consequence not only under the Contempt of Courts Act but also under the provisions of Real Estate (Regulation and Development) Act, 2016. 4.
Petition is disposed of in terms of the consent terms and the above directions. No costs.
Digitally signed by Prashant V. Rane Date:
2020.03.18 16:03:40 +0530 Prashant V. Rane [G.S. KULKARNI, J.]