Mahendra Ramniklal Shah v. M/S Gangar Infrastructure

7.ARBP.353.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.353 OF 2024 Mahendra Ramniklal Shah

...Petitioner

Versus

M/s. Gangar Infrastructure

...Respondent

Ms Heena P. Shah, Advocate for Petitioner.

None for the Respondent.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE:

MARCH 13, 2025 PC :

1.

By an Order dated October 7, 2024, a Learned Single Judge of this Court had been pleased to grant interim relief in terms of prayer clauses 9(a) and 9(c)(ii). Yet, Learned Counsel for the Petitioner submits, the premises have not been handed over to the Petitioner till date.

2.

It is seen from the record that by a Letter dated June 18, 2024, it has been explicitly stated by the Respondent-Developer that the Respondent is ready and willing to register the Permanent Alternate Accommodation Agreement ("PAAA"). However, till date the same has not been done. In these circumstances, it is hereby directed that the PAAA shall be executed no later than April 4, 2025. 3.

A notice of this order shall be issued by the Advocates for the Petitioner to the Respondent and the Respondent's advocates on by AARTI GAJANAN PALKAR Date:

2025.03.20 18:36:08 +0530 AARTI GAJANAN PALKAR MARCH 13, 2025 Aarti Palkar

7.ARBP.353.2024.doc record. Should the Respondent have any issue about differences in accounts since it is apparent that stamp duty component is being claimed in the letter under reference and it is also apparent that additional amount is payable in respect of additional area acquired pursuant to the redevelopment, accounts shall be drawn up and shared with the Petitioner within a period of one week from the date on which this order is uploaded on the website of this Court. However, this shall not be an impediment or create an entitlement not to comply with the order of this Court. If this is resisted by the Respondent, appropriate action will be considered.

4.

List for further consideration on April 7, 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 13, 2025 Aarti Palkar