KASH FOOD PVT.LTD Vs. OMKAR REALTORS & DEVELOPERS PVT. LTD
LAWS(BOM)-2021-1-169
HIGH COURT OF BOMBAY
Decided on January 06,2021

Kash Food Pvt.Ltd Appellant
VERSUS
Omkar Realtors And Developers Pvt. Ltd Respondents

JUDGEMENT

- (1.) The applicants are proceeding in execution of consent award passed by a sole arbitrator. The applicants are the claimants in arbitration. Three separate applications seek the diverse reliefs against the sole respondent. In the Chamber Summons of several reliefs, the applicants have now restricted their claim to prayer clauses j (i) and (ii) and prayer clause k(ii) restricted to unsold units in Tower C.
(2.) In application no.3557 of 2020, the applicant seeks a temporary injunction restraining the respondent, its servants and agents from alienating, creating third party rights or transferring development rights granted to respondent under a development agreement dated 13 th April, 2013 without prior approval of the applicants. The applicants also seek an order directing the respondent to disclose (a) Minutes of Meetings held on 30 th August, 2020 between respondent and its lead investors and third parties in relation to the project known as Omkar 1973 at Worli; (b) details and information about any transaction entered into by the respondent and any third party in relation to transfer of its development rights in the project and (c) details and information entered into between the respondent and third parties in relation to the said project.
(3.) In the third proceeding, Interim application no.3559 of 2019, the applicants seek an order directing the respondent to pay a sum of Rs.71,09,820/- p.m. to the applicants under clause 21 of the consent terms between the parties till the applicants are handed over the agreed and allocated constructed premises described as "Modified Owners' Allocation.";


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