Mahendra Ramniklal Shah v. M/S Gangar Infrastructure

909-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

Mr. Henna P. Shah for the Petitioner.

Mr. Prince Vaishnav, a/w Pratik Jani, i/b Prime Legem for Respondent Nos.1 & 2.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : MAY 2, 2025 PC :

1.

Learned Counsel for the Respondent has instructions to commit to executing the Permanent Alternate Accommodation Agreement ("PAAA") no later than May 7, 2025 and an appointment to the said registered office shall be taken accordingly. 2.

The PAAA to be executed would not contain any provisions on waiver of any rights and entitlement between the parties, since it is not a document meant to record any terms of settlement between the parties. At this stage, this Court is viewing the PAAA as a document that will ensure evidence of the title of the Petitioner to the redeveloped premises.

Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.05.05 10:31:18 +0530 ASHWINI JANARDAN VALLAKATI May 2, 2025

909-ARBP-353-2024.doc 3.

The terms including with the PAAA shall be consistent to the entitlement pursuant to the redevelopment and shall accord pari-passu treatment, treating the Petitioner alike with all other members. No expectation of concessions from either side shall hold up the execution of the PAAA.

4.

Towards this end, parties shall execute the PAAA in respect of both flats in question 701 and 702 no later than May 7, 2025. List for further consideration on May 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.] May 2, 2025 Ashwini Vallakati