GANDHI ADHIVITIYA COMBINE Vs. CHANDRAVADAN BHARAT MYATRA

JUDGEMENT

(1.) This petition is filed under Section 9 of the Arbitration & Conciliation Act, 1996. The Petitioner seeks an order of appointment of Court Receiver and mandatory injunction against the respondents to forthwith hand over possession of existing tenement/structure occupied by the respondent to the petitioner.

(2.) The Petitioner is a developer. By an agreement dated 1st February, 1996 entered into between Smt. Kusumben Gandhi & Ors. and four others as owners, petitioner herein and the respondent. Recital (c) of the said agreement provides that the tenant/occupant is the only Tenant/Occupant of a shop on the ground floor structure admeasuring 18.30 sq. mtr. Recital (d) provides that the owners of the said property proposed to develop the said property and has executed development agreement with the petitioner. The Petitioner has accordingly approached the tenant/occupant and offered to provide a permanent alternative accommodation in lieu of present occupied structures and for releasing, relinquishing and extinguishing the occupation rights of the tenant/occupant. The recital provides that the tenant/occupant is in occupation of the property in respect of the ground floor admeausring 200 sq. ft. of carpet area on monthly rent of Rs. 60/-. Clause 3 of the agreement provides that the tenant agrees to hand over peaceful possession of the structures presently occupied by him before commencement of the actual demolition work of the existing structure. In clause 4 of the agreement, the developer agreed to give free of cost on ownership basis a shop admeausring 200 sq. ft. of carpet area including area of balcony to be reconstructed on the said plot as per the plans which may be sanctioned by the Municipal Corporation of Grater Bombay. It is provided that the shop shall be located on ground floor only and shall be facing Parsi Panchayat Road. Clause 21 of the agreement provides for arbitration.

(3.) It is not in dispute that pursuant to the said agreement, the petitioner has started construction on the plot on which the suit structure is situated and is at advanced stage. In the year 2007, the respondent and her husband filed a suit being L.C. Suit No. (106 of 2007) against the petitioner as well as four others including the Municipal Corporation and one M/s. Akruti Builders seeking various reliefs. The Petitioner made a statement in the said proceedings that the petitioner would comply with the terms and conditions of the agreement dated 1 st February, 1996. In the said suit an exparte decree came to be passed by the City Civil Court on 4 th September, 2010.