Mayank Anil Khandwala v. Bhairavi Co Operative Housing Society Ltd. And 3 ORS.
908-ARBP-58-2024+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 58 OF 2024 Mayank Anil Khandwala
...Petitioner
Versus
Bhairavi Co Operative Housing Society Ltd. & Ors.
...Respondents
WITH ARBITRATION PETITION (L) NO.36324 OF 2022 MDH Development Corporation
...Petitioner
Versus
Bhairavi Co-Operative Housing Society Ltd.
...Respondent
WITH ARBITRATION PETITION NO. 67 OF 2024 Gurdip Singh Joginder Singh Bhatti
...Petitioner
Versus
Bhairavi Co-Operative Housing Society Ltd.
...Respondent
Mr. Manan Bindora, i/b M/s. Markand Gandhi & Co., for the Petitioner in ARBP/58/2024.
Mr. Abhishek R. Tembe, for Petitioner ARBP/67/2024.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : MARCH 21, 2025 PC :
1.
It is appropriate to call for a specific affidavit stating the factual position from Respondent No.1-Society, namely, Bhairavi CoOperative Housing Society Ltd. The Minutes of Meeting of a Special General Body Meeting held on August 18, 2024 have been tendered by Digitally signed by ASHWINI JANARDAN VALLAKATI Date:
2025.03.21 16:40:54 +0530 ASHWINI JANARDAN VALLAKATI March 21, 2025 Ashwini Vallakati
908-ARBP-58-2024+.doc Learned Counsel for the parties who appeared today, and the same is taken on record. It is seen from the said Minutes of Meeting that as long ago as August 2024, while acknowledging that the four flats are due to be given to MDH Developers would be given out of the seven floor built, the status of what precisely has been done is not available on record. 2.
Learned Counsel for the Petitioners in Arbitration Petition No. 58 of 2024 and Arbitration Petition No. 67 of 2022 are purchasers of two out of such four flats to which MDH development is entitled. Learned Counsel for these Petitioners submit that today is the first time they came to know about these Minutes of Meeting. 3.
In these circumstances, it is necessary to call for affidavit from the Respondent No.1-Society, which shall be filed no later than March 28, 2025. List on the Supplementary Board on April 1, 2025. 4.
Learned Counsel for the parties are directed to intimate the Respondent No.1-Society and its current office bearers about the passing of this order without waiting for a copy to be uploaded on the website and also follow it up with the copy of the order as and when it is uploaded on the website.
5.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] March 21, 2025 Ashwini Vallakati