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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.