RITESH HALDAR Vs. ELITE HOUSING LLP

JUDGEMENT

(1.) Commercial Arbitration Appeal (L) No. 14486/2025 is not on board. Upon request made by the learned counsel appearing for the parties, the same is taken on board and heard along with Commercial Arbitration Appeal (L) No. 15542/2025. Both the Appeals are admitted and with the consent of the learned counsel appearing for parties, they are taken up for final disposal.

(2.) These two appeals are filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 (the Act) challenging the judgment and order dtd. 16/4/2025 passed by the learned Single Judge of this Court in Petition filed by Respondent No.1 seeking interim measures under Sec. 9 of the Act. By the impugned order, the learned Single Judge has granted liberty to Respondent No. 1 to approach the Court Receiver for execution of tripartite Agreement in respect of the Flat in question for carrying out redevelopment of the building, with further direction to take over possession thereof and hand over the same to Respondent No. 1-Developer for demolition of the building. The impugned Order directs payment of all amounts arising out of package towards redevelopment of the flat, including the corpus and transit rent, to be paid to Smt. Leena Rohitesh Haldar (Leena), who is found to be in possession of said Flat. Upon completion of the redevelopment process, possession of new flat is also directed to be handed over to Leena. Two of the Haldar family members - Ritesh Haldar (Ritesh) and Rohitesh Haldar (Rohitesh) are aggrieved by the judgment and order dtd. 16/4/2025 and have filed the present appeals.

(3.) A very brief factual background leading to filing of the present Appeals is stated thus: