Subhash Nagar Srushti Co-Opertive Housing Society Limited v. Gadkari Builders And Associates

4-CARBP-18-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 18 OF 2024 WITH CONTEMPT PETITION (L) NO. 23129 OF 2024 IN COMMERCIAL ARBITRATION PETITION NO. 18 OF 2024 Subhash Nagar Srushti Cooperative Housing Society

...Petitioner

Limited

Versus

Gadkari Builders & Associates

...Respondent

SHEPHALI SANJAY MORMARE Mr Shailesh Shah, Senior Advocate, with Dibyo Banerjee, Anay Athalye & Rohan Gupta, for the Petitioner.

by SHEPHALI SANJAY MORMARE Date: 2024.09.24 18:23:00 +0530 Mr Manoj Harit, i/b Manoj Harit & Co, for the Respondent.

CORAM:

ARIF S. DOCTOR, J DATED:

23rd September 2024 PC:- 1.

The matter was kept today for compliance. Since in the previous occasion, the Respondent had given the Court an assurance that he will paid a minimum amount of Rs. 2 lakhs to each member of the Petitioner-Society in question. Further, the Respondent had also being

4-CARBP-18-2024.DOC directed to file an Affidavit to place on record how the construction would be completed explaining each stage of the construction. 2.

Today, a grievance is raised by Mr Shah, Learned Senior Counsel appearing on behalf of the Petitioner that the Respondent is in breach of this order.

3.

Hence, in my view, the Respondent has acted in willful disobedience of this order. However, since the Learned Counsel for the Respondent has assured the Court that his client will comply with the order of this Court within a period of one week from today and Mr Shah, Learned Senior Counsel for the Petitioner has very fairly not precipitated the matter further, I am not issuing any notice of contempt. 4.

Time to comply with the order dated 2nd September 2024 is extended upto 3rd October 2024.

5.

List the matter on 3rd October 2024.

(ARIF S. DOCTOR, J)