Tusshar Kishor Jaddhav vs. Gauri Kishor Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 30394 OF 2023

Innovative Realest Pvt. Ltd. … Petitioner vs. Pratik Ramprasad Bhadra and others … Respondents

WITH INTERIM APPLICATION NO. 3219 OF 2023 WITH INTERIM APPLICATION NO. 766 OF 2019 WITH INTERIM APPLICATION (LODGING) NO. 4134 OF 2020 WITH INTERIM APPLICATION NO. 2679 OF 2021 WITH INTERIM APPLICATION NO. 2401 OF 2020 WITH INTERIM APPLICATION NO. 1384 OF 2020 WITH COUNTER CLAIM NO. 1 OF 2021 IN SUIT NO. 1465 OF 2019

Mr. Siddhesh Bhole a/w. Mr. Apoorva Kulkarni, i/b. SSB Legal & Advisory for petitioner.

Mr. Sanjay Jain a/w. Mr. H. S. Khokhawala & Mr. Aryaman Ghag, i/b. Nankani & Associates for plaintiff in S/1465/2019 and respondent No.2 in ARBPL/30394/2023.

Mr. Siddharth Shah a/w. Ms. Neha Achliya, i/b. Sapana Rachure for applicant in IA/3219/2023, respondent No.3 in ARBPL/30394/2023 and defendant No.1 in S/1465/2019.

CORAM : MANISH PITALE, J. DATE : 21 st DECEMBER, 2023

P.C. :

. The present suit and the arbitration petition are listed today in the backdrop of attempts being made by the parties to settle their inter se disputes. Insofar as the petitioner in the arbitration petition i.e. the developer is concerned, disputes appear to have been settled, so that the arbitration petition itself can be disposed of, as per the consent minutes of order and consent terms executed in the suit. This Court finds that the suit can be partially decreed in respect of one of the suit properties.

2. The plaintiff has filed the suit for administration of estate of the deceased. The plaintiff is the son of defendant No.1.

3. After efforts being made by the parties, including the developer i.e. the petitioner in the arbitration petition, the aforesaid consent terms and consent minutes of order have been executed.

4. The consent terms and the consent minutes of order executed in the suit as also the consent minutes of order in the arbitration petition, all dated 21.12.2023, have been tendered. They are taken on record.

5. The consent terms and the consent minutes of order executed in the suit, are signed by the plaintiff and defendant No.1 and their respective advocates.

6. As per the consent terms, the dispute has been partially settled in respect of a specific suit property i.e. Flat No.4, 2nd floor, Shri Ram Bhuvan, Road No.4, Parsi Colony, Dadar (East), Mumbai-400014. The learned counsel for the parties submit that the suit can be partially decreed as per the consent terms and as a consequence thereof, as per the consent minutes of order, interim order dated 11.12.2019 can be vacated, only to the extent of the aforesaid property i.e. Shri Ram Bhuvan property, which is one of the suit properties.

7. The consent terms and the consent minutes of order are taken on record and marked 'X' and 'Y' respectively. The undertakings recorded in the consent terms and the consent minutes of order are accepted as undertakings given to this Court. The signatories to the consent terms are directed to abide by their respective obligations, as per the consent terms and consent minutes of order.

8. Accordingly, the suit is partially decreed as per the consent terms and the consent minutes of order. Consequently, the order dated 11.12.2019 passed by this Court, is vacated to the extent of the aforesaid suit property i.e. Shri Ram Bhuvan property.

9. The consent minutes of order executed in the arbitration petition are also taken on record and marked 'Z'. This Court is informed that the respondent No.1 had already executed the development agreement with the petitioner-developer. The learned counsel for the petitioner submits that the respondent No.4 has expired and in that light, permission is sought for deletion of respondent No.4.

10. Accordingly, respondent No.4 is deleted from the petition.

11. The consent minutes of order are executed between the petitioner and the remaining respondents i.e. respondent Nos.2 and 3. In terms of the

consent minutes of order, the petitioner shall be executing the Permanent Alternate Accommodation Agreements (PAAAs) with respondent Nos.2 and 3 as per their respective entitlements. The copies of the proposed PAAAs are annexed with the consent minutes of order. The signatories to the consent minutes of order in the present petition undertake to abide by their respective obligations.

12. A soft copy of the consent terms and the consent minutes of order in the suit as well as consent minutes of order in the arbitration petition, shall be uploaded as second order in the matter. A hard copy of duly signed consent terms and the consent minutes of order in the suit as well as consent minutes of order in the arbitration petition, shall be retained in the record and shall not be sent for destruction in the usual course. Court fees shall be refunded as per rules.

13. In view of the above, the arbitration petition stands disposed of as per the consent minutes of order.

(MANISH PITALE, J.)

Priya Kambli PRIYA KAMBLI signed by Date: 17:06:14