M/S. AMISHA BUILDCON PVT. LTD. Vs. JIDNYASA CO-OPERATIVE HOUSING SOCIETY LIMITED
LAWS(BOM)-2016-8-42
HIGH COURT OF BOMBAY
Decided on August 09,2016

M/S. Amisha Buildcon Pvt. Ltd. Appellant
VERSUS
Jidnyasa Co -Operative Housing Society Limited Respondents

JUDGEMENT

R.D.DHANUKA, J. - (1.) By this appeal filed under section 37 of the Arbitration and Conciliation Act, 1996, (for short the 'Arbitration Act') the appellant has impugned the judgment dated 7th April, 2015 passed by the learned Principal District Judge, Thane in Civil Misc. Application No.359 of 2014 dismissing the said application filed by the appellant herein under section 9 of the Arbitration Act inter alia praying for interim measures i.e. (a) for stay of the operation and/or implementation of the resolution dated 14th September, 2014 passed by the respondent no.1 society in the meeting held on 14th September, 2014, for prohibition/restraining the society from acting upon, executing or implementing the said resolution for grant of any construction right to any third party and/or respondent no.2 in respect of Desai property and/or Khidkali property, (b) for injunction restraining the society and its members from dispossessing the appellant without following due process of law from the said property, (c) from injunction from entering into any contract, further documents, registered instrument etc., from dealing with the rights in the larger property i.e. Desai village and Khidkali village.
(2.) Some of the relevant facts for the purpose of deciding this appeal are as under : -
(3.) It is the case of the appellant that the respondent no.1 society had represented to the appellant that the society was comprising of 779 members and is the owner of the land bearing Survey nos. 117/1, 6,7,8,9,10, 122/1, 123/1, 124/1, 2,3,4,5, 125/4, 5,6, 205/1A, 1/B, 1/C, 2,4, 5/A, 5/B, 5/C, 6,7, 8/A, 8/B, 206/3/A, 4,5,6, 207, 210/1, 2 in Sector 11 of Village Desai, Taluka and District Thane (Desai property).;


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