Bridget Pereira v. Narang Propco Pvt. Ltd.

40-ARBP-381-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 381 OF 2024 Bridget Pereira

...Petitioner

Versus

Narang Propco Pvt. Ltd.

...Respondent

Mr. Kunal Kumbhat, a/w Karthik Pillai, Princy Rodrigues, i/b Sunanda Kumbhat, for the Petitioner.

None for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 15, 2025 PC :

1.

This is a Petition invoking Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act"). The core issue raised here is that the entitlements of the Petitioner due and owing pursuant to an earlier order of this Court in proceedings under Section 9 of the Act are being denied to her.

2.

Learned Counsel for the Petitioner draws my attention to an order dated November 8, 2023, which set out the specific arrangements to be made to enable the Petitioner to vacate her premises, namely, Flat No.A-102 in the Malad Samir Co-operative Housing Society Ltd., which is Respondent No.3 in this Petition. According to the Learned Counsel Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.01.15 19:16:07 +0530 ASHWINI JANARDAN VALLAKATI January 15, 2025 Ashwini Vallakati

40-ARBP-381-2024.doc for the Petitioner the order dated November 8, 2023 was explicit in its terms, and draws my attention to paragraphs 11, 12 and 13 of that order. It is his contention that these three paragraphs are now being read as the only entitlements that the Petitioner can have. Despite having executed the Permanent Alternate Accommodation Agreement ("PAAA"), a copy of the executed document is being denied to her on the premise that giving her a copy is not an entitlement directed by the Court in its order dated November 8, 2023.

3.

Advocates for the Petitioner in this Petition are directed to serve a copy of this order on the Respondent-Developer, namely Narang Propco Pvt. Ltd. and the aforesaid Society, highlighting that on the next date, the matter would be finally disposed of, and it is being stood over only to hear the say of the Respondent-Developer and the Society in relation to their rather untenable approach. Consequently, in these terms, stand over to January 23, 2025.

4.

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.] January 15, 2025 Ashwini Vallakati