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

911.CARBP.18.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 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 CHS Ltd.

....Petitioner

Versus

Gadkari Builders & Associates

...Respondent

Mr. Dibyojit Banerjee a/w. Anuj Athalye, Rohan Gupta & Gayatri Mane, Advocates for Petitioner.

Mr. Manoj Harit i/b. Manoj Harit & Co., Advocate for Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 18, 2025 PC :

1.

Learned Counsel for the parties submit that the errors in the demand draft have been corrected and the updated demand drafts have been handed over. As regards the one member to whom money is yet to be paid, Learned Counsel for the Respondent submits that he has instructions to state that a sum of Rs.5 Lakhs had been paid to him, and therefore, a set off of the Rs.2 Lakhs due and payable, may be effected. 2.

Having heard Learned Counsel for the parties, it would be appropriate to direct, without prejudice to the contentions on the right by AARTI GAJANAN PALKAR Date:

2025.03.20 18:36:40 +0530 to set off, that the amount of Rs.2 Lakhs which is said to be due, shall AARTI GAJANAN PALKAR be paid no later than March 21, 2025 to the remaining member. MARCH 18, 2025 Aarti Palkar

911.CARBP.18.2024.doc 3.

Subject to such payment, the matter will be listed on the next date, not in relation to the payment of monies owed to the members, but for getting an update on the settlement discussions that are said to be scheduled for 3.00 p.m. on Saturday i.e. March 22, 2025. 4.

List on the Supplementary Board on March 25, 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 18, 2025 Aarti Palkar