Veeruben Shankar Patel v. Datta Mandir Co Operative Housing Society Ltd

912-ARBP-371-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 371 OF 2025

1) Smt. Veeruben Shankar Patel

2) Shankarbhai Khushalbhai Patel ... Petitioners Vs

1) Datta Mandir Co Operative Housing Society Ltd Now known as "Vasundhara Paradise CHS Ltd"

2) Vasundhara Develocus LLP .. Respondents Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.08.14 18:20:19 +0530 SHRADDHA KAMLESH TALEKAR Mr. J.S. Kini a/w. Mr. Aum Kini i/b Ms. Sapna Krishnapa, for Petitioners. Mr Satchit Bhogle for Respondent No. 1-Society. Ms. Janhavee Joshi i/b Haresh Lohia, for Respondent No. 2-Developer. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : August 14, 2025 Order :

1.

This is Petition under Section 9 of the Arbitration and Conciliation Act, 1996.

2.

Since the redevelopment is being completed and the flat is ready for handing over possession, Learned Counsel for the parties, yesterday, requested that the matter be stood over to this morning so that delivery of possession could take place today. Learned Counsel for the Society has indicated that there had been certain dues owed by the Petitioners to the August 14, 2025 Shraddha

912-ARBP-371-2025.doc Society that had led to holding up the delivery of possession, but he would candidly communicate that even such dues have now been paid. 3.

In these circumstances, there would be no basis to withhold possession. Possession shall be handed over before 12:00 noon today, August 14, 2025. Keys to the said flat are handed over in Court to Advocates for the Petitioners. Since the Permanent Alternate Accommodation Agreement has already signed, no further documentation, except to evidence receipt of possession, would be required to be executed. Nothing therefore survives in this Petition. With the aforesaid direction, Petition is disposed of. Nothing contained in this order is an expression of an opinion on the merits of any other disputes that may exist between the Petitioners and the Society. 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.] August 14, 2025 Shraddha