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Bombay High CourtCARBP/18/2024disposed off

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

2025-03-04Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

553-CARBP-18-2024=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.03.05 16:36:44 +0530 COMM. ARBITRATION PETITION NO. 18 OF 2024 SHRADDHA KAMLESH TALEKAR WITH CONTEMPT PETITION (L) NO. 23129 OF 2024 IN COMM. ARBITRATION PETITION NO. 18 OF 2024 SUBHASH NAGAR SRUSHTI CO-OPERATIVE HOUSING SOCIETY LIMITED

...Petitioner

Versus

GADKARI BUILDERS AND ASSOCIATES

...Respondent

Mr. Shailesh Shah, Senior Advocate along with Dibyojyoti Banerji, Rohan Gupta and Ms. Gayatri Mane, for Petitioner. Mr. Manoj Harit (through VC) i/b. Manoj Harit and Co. for Respondent.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : March 4, 2025 P. C.

1.

This is a Petition under Section 9 of the Arbitration and Conciliation of the Act, 1996 ("the Act").

2.

Having heard Learned Counsel for the parties, the following order is being passed :

a) The arrears payable by the Respondent, to the eleven members of the Petitioner-Society, at the rate of Rs. 40,000/- per month for the last three months, shall be paid by way of March 4, 2025 Shraddha

553-CARBP-18-2024=.doc demand drafts issued in the name of each of the member, no later than March 7, 2025.

3.

The Court takes on record, the submission made by the Learned Counsel for the Respondent, that a meeting is scheduled to resolve the matter finally over the weekend. Such meeting shall be held at 11 :00 AM on Saturday, March 8, 2025. The request of Learned Counsel for the Respondent that the payment may be made next week, is rejected. 4.

List the captioned proceedings for reporting compliance on March 10, 2025 on the Supplementary Board, on which date, further directions shall be issued after ascertaining the status of the outcome pursuant to the meeting to be held on March 8, 2025. 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 4, 2025 Shraddha