BORIVALI ANAMIKA NIWAS CHSL Vs. ADITYA DEVELOPERS

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The Petitioner in Commercial Arbitration Petition (L) No. 5738 of 2020 and Commercial Arbitration Petition (L) No. 989 of 2019 is a cooperative society. The Respondent is a developer and is the Petitioner in Commercial Arbitration Petition (L) No. 1077 of 2019. The society has filed two petitions under Section 9 of the Arbitration and Conciliation Act 1996. The second was necessitated because it seeks further reliefs in view of the subsequent events.

(3.) On site, the members of the society have been out of possession since 2013. There has been no construction since December 2015, although the earlier structure was demolished and a partial construction was completed up to seventeenth floor. Mr Tamboly says that only the free-sale eighteenth floor remains and all the rest has been completed. That may be inaccurate, because a structure left partly built and incomplete for five years will undoubtedly have deteriorated. The also fact is that the members of the society have not been paid transit rent or displacement compensation since at least 2018.