SJK BUILDCON LLP Vs. KUSUM PANDURANG KENI

JUDGEMENT

(1.) This is yet another templated Petition filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (" the Act") seeking appointment of a Court Receiver to take possession of premises from "occupants" in connection with redevelopment of a building.

(2.) The catch is that some of the "occupants" sought to be removed under this jurisdiction are not only statutorily protected tenants under the Maharashtra Rent Control Act, 1999 (" Rent Act ") and its predecessor legislation the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Bombay Rent Act"), but they also have a decree in their favour, thanks to two concurrent findings of the relevant rent courts having jurisdiction.

(3.) The Petitioner, SJK Buildcon LLP ("Developer") has executed a Development Agreement dated February 12, 2024 (" Development Agreement") with Respondents No. 1 and 2, namely, Ms. Kusum Pandurang Keni and Mr. Ninad Ajay Keni (" Landlords") to redevelop a building called Keni House. The Developer is also a recipient and beneficiary of a General Power of Attorney issued by the Landlords to act on their behalf. The arbitration agreement is contained in the Development Agreement, and there is no dispute or difference between the parties to the arbitration agreement.