Case Law Details
Maniar Associates LLP Vs Vijay Niwas Co-op. Hsg. Soc. Ltd. & Ors. (Bombay High Court)
he fact remains that as respondent no.3 is in possession of the tenement in question and would now be handing over possession of such tenement to the petitioner/society. Hence considering the consistent view taken by this Court in Heritage Lifestyles and Developers Pvt. Ltd. vs. Amar-Villa Co-Operative Housing Society and others1 and in Saikripa Co-operative Housing Society Ltd V/s. Osho Developers & Ors.2, the party who is dispossessed, would be entitled to the transit rent as it is such party who is put to hardship.
In the above circumstances, in my opinion, respondent no.3 would be entitled for payment of transit rent by the petitioner. However, certainly this shall be subject to the rights of respondent no.2 to make such appropriate claims in the pending suit in the event some better rights are being asserted by respondent no.2, and which shall purely be a subject matter of consideration in the pending Suit. Keeping such rights of the parties open to be asserted in the pending suit, in my opinion, the present proceeding would not warrant any further adjudication. Also there is a statement made by learned counsel for respondent no.3 that his client would hand over the possession of the flat in question within three weeks from today which stands accepted.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the petitioner is before the Court praying for interim reliefs pending the arbitral proceedings.
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