MIDDLE INCOME GROUP COOPERATIVE SOCIETY LIMITED Vs. L & T BOMBAY DEVELOPERS PRIVATE LIMITED
LAWS(BOM)-2010-4-291
HIGH COURT OF BOMBAY
Decided on April 27,2010

Middle Income Group Cooperative Society Limited Appellant
VERSUS
L AND T BOMBAY DEVELOPERS PRIVATE LIMITED Respondents

JUDGEMENT

- (1.) This appeal is directed against the adinterim order dated 29th March, 2010 of the learned Single Judge where under an adinterim injunction in terms of prayer clause (a) of the petition has been granted and the petition is posted for final hearing on 14th June, 2010.
(2.) Shri Dwarkadas, learned Senior Counsel appearing on behalf of the appellant submits that this order has serious repercussions and prevents the redevelopment of the property of the appellant, which is prevented by respondent No.1, in the arbitration petition. He submits that grave loss, serious harm and injury will be caused if this order is not vacated. Despite all contractual obligations coming to an end, the appellant is prevented from redeveloping its own property. The buildings are in a dilapidated state and the appellant is a Middle Income Group Cooperative Housing Society. This is a colony of MHADA and the buildings are old. In such circumstances, he requests that the appeal be taken up for admission and heard forthwith.
(3.) This request is opposed by Shri Kamdar, the learned Senior Counsel appearing for the original petitionerrespondent No.1 to this appeal. He submits that the order is adinterim in nature and does not prejudice the appellant in any manner. He submits that the arbitration petition is going to be decided finally and, therefore, this court should not interfere at this stage.;


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