RAVI RAGHUNATH KHANJODE Vs. HARASIDDH CORPORATION

JUDGEMENT

(1.) This Petition is filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) setting up a challenge to the Award dtd. 29/3/2022 passed by the learned sole Arbitrator. By the impugned Award, the learned Arbitrator has issued a declaration that the Agreement dtd. 10/7/1981 and the Tripartite Memorandum of Understanding dtd. 30/7/1997 are valid subsisting and binding on the Petitioner. The learned Arbitrator has further declared that the Agreement dtd. 11/8/2010 is valid, subsisting and binding on the Petitioners. The learned Arbitrator also ordered specific performance for doing all acts, deeds, matters, things and to sign and execute and register all documents and writings as may be necessary for development/redevelopment of suit property as slum rehabilitation scheme and to vest the same in favour of body of society/societies to be formed in respect of rehab and free sale of buildings/flats in the suit properties. The learned Arbitrator has also declared that the Agreement dtd. 25/11/2014 entered into by Petitioners No.1 to 23 in favour of Petitioner No.24, Power of Attorney dtd. 25/11/2014, Memorandum of Understanding dtd. 25/11/2014 and all other acts and deeds done and rights/agreements executed in favour of Petitioner No.24 are illegal, non-est, null and void and not binding on the Respondent. The learned Arbitrator has also passed an order of injunction to restrain the Petitioners from filing or prosecuting any proposal for declaration of suit properties as slum rehabilitation area or for acquisition thereof.

(2.) The dispute amongst the parties concern following three properties, situated at Malad (East), Mumbai.

(3.) According to the Petitioners, Mr. Janglya Shanwar Khanjode became deemed purchaser of the suit properties in addition to other lands which are together described in the Petition as the larger land under the provisions of Sec. 32G of the then Bombay Tenancy and Agricultural Lands Act, 1948 (now renamed as Maharashtra Tenancy and Agricultural Lands Act, 1948) (BTAL Act). A Certificate under Sec. 32M of the BTAL Act dtd. 8/5/1981 was issued and Mutation Entry No.1509 was certified. After the death of Mr. Janglya Shanwar Khanjode the names of nine legal heirs were mutated to the revenue records. Petitioners Nos. 1 to 23 claim to be the legal heirs and successors in title of Mr. Janglya Shanwar Khanjode, who was the original owner in respect of the suit properties.