M/S Shreeji Realty v. M/S Nrs Projects Pvt Ltd And 2 ORS

9-CARBP35-17.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION NO. 35 OF 2017 Shreeji Realty

...Petitioner

Versus

NRS Projects Pvt Ltd & Ors

...Respondent

Mr Anilkumar Patil, for the Petitioner.

Mr Sanjay Jain, i/b Ashok Jain, for Respondents Nos. 1 & 2.

CORAM: G.S. PATEL, J DATED:

20th February 2017 PC:- 1.

It is not possible to grant ad-interim reliefs in this matter. The only question is of a Joint Venture Agreement, the enforceability of which is very seriously disputed in a companion application under Section 11. Also, in a dispute between these two parties to the Joint Venture Agreement the Society itself which has a separate development agreement should not suffer. The Petitioner may make an appropriate application under Section 17 if it succeeds in obtaining an the order in the arbitration application under Section 11.

20th February 2017

9-CARBP35-17.DOC 2.

With these observations, the Petition is dismissed with liberty as indicated. No costs.

(G. S. PATEL, J.) 20th February 2017