ELITE HOUSING LLP Vs. SPECTRUM CHS LTD.

JUDGEMENT

(1.) This is a Petition filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 ("the Act") in connection with a Development Agreement dated July 31, 2024 ("Development Agreement") between the Petitioner, Elite Housing LLP ("Elite") and a co-operative housing society i.e. Respondent No. 1, Spectrum Co-operative Housing Society Ltd. ("Spectrum"). The Development Agreement entails redevelopment of the property and structures standing thereon situated at Road No.14-B Road, Khar West, Mumbai " 400052.

(2.) Spectrum has 20 members, of which 18 members have agreed to hand over vacant possession of their premises in terms of the Development Agreement. Respondent No. 2, Chandra Bhagwansingh Lulla ("Lulla") and Respondent No. 7, Ritesh Haldar ("Haldar") are the members who are holding out. In the records of Spectrum, Lulla is the holder of Flat No. 6 on the second floor of the building, and occupies it. Respondents No. 3 to 6 are siblings of Lulla. The siblings have an inheritance dispute and litigation is underway.

(3.) Haldar and his mother Mrs. Sabita Haldar (stated to be deceased) are said to be holders of Flat No. 12 on the first floor of the building, in the records of Spectrum. Respondents No. 8 and 10 are siblings of Haldar while Respondent No. 9, Leena Rohitesh Haldar ("Leena") is the wife of Respondent No. 8 and is said to be occupying the said flat with her two sons. Respondent No. 8 is said to be living elsewhere. Haldar is willing to hand over possession through his brother Respondent No. 8. Leena, who is said to be occupying the premises, is willing to hand over possession but wants the transit compensation to be paid to her.