SANJANA MUKESH WIG Vs. SUNCITY CORPORATION

JUDGEMENT

(1.) Heard the learned counsel for the Petitioner and the learned counsel for the Respondent.

(2.) The present Petition is filed by the Petitioner under Sec. 9 of the Arbitration and Conciliation Act , seeking restraint order against Respondent No.1 from parting with possession or creating any encumbrances of any nature whatsoever or creating third party rights as well as inducting any third party, into the premises apart from putting up any construction and utilising the FSI not limited to additional FSI, Fungible FSI, TDR and/or other benefits arising out of the land situated at Khot Village of Kanjur, Thane District, now in the registration district and sub-district of Mumbai City and Subarban, bearing CTS No.574(pt), 574/17 to 574/48, 574/52 to 574/52 to 574/54 and 576/1, which has now become CTS Nos.574A, 574C and 574C/17 to 574C/48 and 574C/52 to 574C/54 and 576/1, admeasuring approximately 9,218 square metres.

(3.) By consent, on instruction, the learned counsel agree to the name of Sole Arbitrator and there is also consensus in converting the Commercial Arbitration Petition filed under Sec. 9 of the Act into an Application under Sec. 17 of the said Act, with a request to the Arbitrator to decide the same expeditiously and preferably within a period of 8 weeks from entering upon reference.