Juhu Tara Co Operative Housing Society Limited v. Shree Sai Sagar Consultants

45-ARBP-407-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 407 OF 2024 Juhu Tara Co-operative Housing Society Ltd.

...Petitioner

Versus

Shree Sai Sagar Consultants & Anr

...Respondents

Mr. Aurup Dasgupta, a/w Sonam Ghiya, i/b Auroma Law, for the Petitioner.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 16, 2025 PC :

1.

It is evident from the record that on three different occasions, this Petition has been served on the Respondents, but none of them appeared. However, apart from one other occasion when the matter was listed and did not get called out due to paucity of time, this Petition has come up for the first time today.

2.

In these circumstances, the Registry is directed to issue a notice to the Respondents, who the Petitioner claims, has abandoned the development project initiated pursuant to Agreement dated November 21, 2009.

3.

Learned Counsel for the Petitioner submits that 15 members Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.01.20 10:45:03 +0530 of the Petitioner-Society had vacated their flats more than a decade and ASHWINI JANARDAN VALLAKATI January 16, 2025 Ashwini Vallakati

45-ARBP-407-2024.doc half ago and the project has been stalled with no work being carried out. According to him the property is barricaded and evidently there has been no work being carried out.

4.

In these circumstances, it would be appropriate to direct the Court Receiver to visit the property to inspect the same and file a report to confirm if it is abandoned and merely barricaded, with no work being carried out at the site. Advocates for the Petitioner shall provide all assistance to the Court Receiver enabling inspection of the property to discharge his duty as directed in this order. Stand over to February 13, 2025.

5.

Needless to say, the Court Receiver shall be entitled to police assistance from the local Police Station should that become necessary to visit the premises to conduct an inspection and to file a report to enable the further consideration of this Petition.

6.

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 16, 2025 Ashwini Vallakati