Mohammed Ali M. Sali, Prop. Of M/S Myco Construction Co. v. Rajaram Chavan Real Estate Pvt. Ltd. And Amina Musa Sayyed And 2 ORS. (Respondents)

sat 1/1 chscd 1512-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1512 OF 2018 IN COMMERCIAL ARBITRATION PETITION NO. 128 OF 2017 Mohammed Ali M.Sali

...Petitioner/Applicant

vs.

Rajaram Chavan Real Estate Pvt.Ltd. & Ors.

...Respondents

Mr.E.A. Sasi for Petitioner.

CORAM : S.C.GUPTE, J.

DATE : 20 MARCH 2019 P.C. :

This chamber summons seeks a direction for handing over of vacant and peaceful possession of certain premises. The premises have been held by the Respondents as a temporary transit accommodation. This court, by its order dated 19 July 2017, has already ordered Respondent No.2 to vacate the temporary alternative accommodation and surrender the same to the Petitioner latest by 22 July 2017. Since there is a breach of this order by the Respondents, the Petitioner may seek an appropriate remedy under the contempt jurisdiction of this court or in execution. Learned Counsel for the Petitioner seeks liberty to withdraw the chamber summons with liberty to seek such appropriate remedy. The chamber summons is dismissed as withdrawn with liberty as prayed for.

(S.C. GUPTE, J.)