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Bombay High CourtARBP/210/2024disposed off

Hare Krishna Builders v. Deeplaxmi Co Operative Housing Society Ltd (Deeplaxmi A Building Co Operative Housing Society Prop

2024-08-07Hon'Ble Justice Shri Arif S. Doctor3 pages

1 4-CONPL-1573-2024.doc by MULEY SHUBHAM PRAVINRAO Date:

2024.08.12 18:19:59 +0530 MULEY SHUBHAM PRAVINRAO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) NO. 1573 of 2024 IN ARBITRATION PETITION NO. 207 of 2024 Hare Krishna Builders

...Petitioner

Vs.

Deeplaxmi Co Operative Housing Society Ltd. & Ors.

...Respondents

WITH INTERIM APPLICATION (L) NO. 1595 OF 2024 WITH ARBITRATION PETITION NO. 207 of 2024 WITH ARBITRATION PETITION NO. 211 OF 2024 WITH ARBITRATION PETITION NO. 210 OF 2024 WITH ARBITRATION PETITION NO. 209 OF 2024 WITH INTERIM APPLICATION (L) NO. 30242 OF 2023 ----------------- Mr. Karl Tamboly a/w Dhwani Mehta Desai, Aadil Parsurampuria and Sunain Masand for the Petitioner.

Mr. Nishant Tripathi i/by Ranjana Todankar for Respondent No.1. Ms. Anita Murgude for Respondent Nos.2 to 28. Mr. Sunil Kaam for the Applicant in IAL/30242/2023. ----------------- 1/3

2 4-CONPL-1573-2024.doc CORAM : ARIF S. DOCTOR, J.

DATE : 7TH AUGUST, 2024 P.C.:- 1.

The present matter is on board for speaking to the minutes of the rd July, 2024.

order dated 23 2.

Mr. Tamboly submits that the said order contains certain inadvertent errors which required to be corrected. rd July, 2024 be corrected to read as 3.

Hence, the order dated 23 follows:- i.

In paragraph No.3(g)(iii), the word "all" should be replaced with the words "Arbitration Petition No.207 of 2024 along with Interim Application (L) No.1595 of 2024".

ii.

Replace paragraph No.6 to read as follows:- "6.

The captioned Arbitration Petition No.207 of 2024 along with Interim Application (L) No.1595 of 2024 are disposed of as the same are referred to arbitration. Insofar as Interim Application (L) No.30242 of 2023 is concerned, the Applicants therein shall be at liberty to file any independent proceedings as 2/3

3 4-CONPL-1573-2024.doc may be available to the Applicants under law. It is made clear that this order should not be construed to mean that the Applicants in Interim Application (L) No.30242 of 2023 have in fact been granted such liberty."

iii.

Add "Contempt Petition (L) No.1573 of 2024 shall be heard and disposed of on its on merits." as paragraph No.8. (ARIF S. DOCTOR, J.) 3/3