HOZEFA NURUDDIN SONI Vs. DEVKI NAGAR CHS LTD.

JUDGEMENT

(1.) The present petition filed by the Developer/petitioner seeks appointment of the Court Receiver, High Court, Bombay over the suit premises described in Exhibit B, pending the commencement and culmination of the arbitral proceedings. The restraint order is sought under Sec. 9 of the Arbitration and Conciliation Act, 1996, in the wake of an Intimation of Disapproval (IOD), being obtained by the petitioner on 28/06/2023 to proceed ahead with the Development Agreement dtd. 21/11/2022.

(2.) The respondents can be categorised into distinct compartments, Set I, being those in possession of shop No.25 and Set II, being in possession of Flat No.B1/1-2 and the third category is respondent No.12, who is in possession of Flat No.B6/4-1, situated on the fourth foor.

(3.) As regards Flat No.B1/1-2, which is in possession of respondent No.3 is concerned, a specific statement comes from the Developer/petitioner that as against this fat, the entitlement shall be of 672 sq.ft.carpet area.