UNIVERSALS ENTERPRISES Vs. DELUXE LABORATORIES PVT. LTD.
HIGH COURT OF BOMBAY
Deluxe Laboratories Pvt. Ltd.
Click here to view full judgement.
Anoop V. Mohta, J. -
(1.) Heard, entertained and decided finally by consent of the parties.
(2.) This Appeal under Sec. 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act') is filed by the Appellant, in whose Sec. 9 Petition the learned Single Judge by order 28.01.2016 has not granted any ad -interim relief, though specifically prayed. The impugned order reads as under:
"1. ... ......
2. This petition is under Sec. 9 of the Arbitration & Conciliation Act, 1996 for an order of injunction restraining the respondent from selling, disposing of or creating third party right in respect of flats in the building constructed on the plot bearing C.S. No. 136(part), 2/136 (part) and 110 (part) of Lower Parel Division at Manjrekar Marg, Gandhi Nagar, Worli, Mumbai 400 018.
3. It is the case of the Petitioner that the Respondent executed the Agreement dated 29th December, 2008 on 100 Rupees stamp paper agreed to provide six flats. He further submits that it is specifically stated that on completion of the said project, the petitioner is entitled to 40% of the total proposed area aggregating to 73,200 sq. ft. super built up in the sale building to be constructed by the joint venture. He submits that as per the terms and conditions of the said agreement, if the built up area is less than 73,200 sq. ft. and or more, then the petitioner will be entitled to 40% of the same. He further submits that the respondent was called upon by the legal notice dated 15.03.2014 to comply the said agreement. As they failed and neglected to do so, the petitioner filed the present petition under Sec. 9 of Arbitration & Conciliation Act, 1996.
4. ... ... ...
5. ... ... ...
6. ... ... ...
7. ... ... ...
8. In these circumstances, the following order is passed:
a) The agreement which is on stamp paper dated 29.12.2008 being Exh. 'A' to the petition is impounded for payment of stamp duty if it is applicable.
b) The authenticated copy of the said agreement shall be forwarded by the Prothonotary & Senior Master, High Court, Original Side to the Collector of Stamp, Mumbai for adjudication of the stamp duty and penalty, if any, on the documents under the provision of Maharashtra Stamp Act.
c) The Collector of Stamp, Mumbai shall expedite the determination in terms of clause (b) above and complete the exercise within the period of 8 weeks from the receipt of the duly authenticated copy together with the authenticated copy of this order from the Prothonotary and Senior Master, High Court, Original Side, Bombay.
d) Office is directed to place the matter on board after ten weeks.
9. At the request of learned Counsel for the petitioner, this order is stayed for four weeks."
(3.) The submission made by the learned Counsel appearing for the Appellant is that the impugned order resulted into refusal and/or non -grant of ad -interim relief though sought for in view of urgency so expressed in the Petition. Therefore present Appeal under Sec. 37 of the Arbitration Act.;
Copyright © Regent Computronics Pvt.Ltd.