SJK BUILDCON LLP vs KUSUM PANDURANG KENI

Judgment text excerpt

CARBPL-20834-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 20834 OF 2024 SJK Buildcon LLP …Petitioner Versus Kusum Pandurang Keni & Ors. …Respondents Mr. Mayur Khandeparkar a/w Sarthak Utangale i/b M/s.Utangale & Co., Advocates for the Petitioner. Mr. Abhishek Kothari i/b Rishabh Botadra, Advocate for Respondent Nos.1 & 2. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : April 8, 2025 PRONOUNCED ON : April 16, 2025 Context and Factual Background: 1. This is yet another templated Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“ the Act”) seeking appointment of a Court Receiver to take possession of premises from “occupants” in connection with redevelopment of a building. 2. The catch is that some of the “occupants” sought to be removed under this jurisdiction are not only statutorily protected tenants under the Maharashtra Rent Control Act, 1999 (“Rent Act”) and its predecessor Page 1 of 19 Digitally signed by AARTI April 16, 2025 AARTI GAJANAN Aarti Palkar GAJANAN PALKAR PALKAR Date: 2025.04.16 16:29:59 +0530 CARBPL-20834-2024.doc legislation the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (“Bombay Rent Act”), but they also have a decree in their favour, thanks to two concurrent findings of the relevant rent courts having jurisdiction. 3. The Petitioner, SJK Buildcon LLP (“Developer”) has executed a Development Agreement dated February 12, 2024 (“ Development Agreement”) with Respondents No. 1 and 2, namely, Ms. Kusum Pandurang Keni and Mr. Ninad Ajay Keni (“ Landlords”) to redevelop a building called Keni House. The Developer is also a recipient and beneficiary of a General Power of Attorney issued by the Landlords