Appeal and stay against judgement in commercial arbitration petition 129 of 2022
1 year ago
We have a shop in a CHS. Our CHS behind our Bach went for redevelopment in 2014 since it was us( one) against the rest and were getting 15%additional carpet, we did not challenge and contest the appointment. Now under various pretext for the delay the builder only got the development agreement registered in 2017 without any plans to be submitted for approval. He then sent us a drawing displaying our shop in a almost a year (2018)which we rejected due a big fat column right at the entrance. Then in almost 2 year in 2020 he sends us a letter informing that since new DCPR2034 is enforced he will rationally give just 10 sqft instead of the additional 43 sqft without considering the carpet area of the small or big shops. The difference is we are now getting only 5% instead of 15% and flat owners 22% instead of 35%. To top it during state enforced lockdown due to pandemic the sCHS committee members have passed resolution of special meetings for this matter with issuing any notice for the meeting and have manufactured documents as resolution to accept the revised offer without any PMC report. The society did not even consider to invite new offers under NEW DCPR 2034. NO supplementary agreement was signed. The builder approached high court under commercial arbitration to get us evicted by court reciever given the neglected dilapidated condition of the building (very obvious) with the support of the society. The court went in their favour erring in the prima facie observation that we are stalling the redevelopment. Our plea is we have not signed any alternate agreement, redevelopment is collective but the finer details with regards to each member is individualized as result of the area of individuals property and subsequent incentive. It is obvious that the developer wants windfall profits hence the deception and collusion with comittee members. We have only the possession of the shop as leverage and bargaining power. If we give up on that we are hopeless. We will never get our original shop because of the absence of an alternate final agreement with the developer plus only a week till we get evicted. Our lawyer ( senior counsel) was limited in his knowledge of redevelopment and civil matter based on our observations in the arguments as our case was dismissed in just one hearing. We cannot afford to give up our possession, right to property, life and livelihood. We have to file appeal ASAP, but only if we have 100% chance. Comercial arbitration petition 129 of 2022
You need to get in touch with a local lawyer and present all the case documents to arrive at conclusion whether your appeal can be fruitful or not. In these kind of matters without the documents and the case records one can only provide conjectural advice which you should avoid.
Anonymous
Replied 1 year ago
Well we already appealed with interim application for stay. Strangely the Judges earlier and now just listen to what the developer side is saying. The developer is definitely deceiving since the beginning. The problem is that the management committee is in collusion. They prepared Resolution in favour of builder without any meeting taking place. They just tore the pages from meeting register attendance page and presented them as documents. The Judge was least interested in our Advocates contention of showing meeting notices, attendance register, proxy attendance etc. His decision is since no one except us are protesting it means the majority us accepting it. There is no supplementary agreement to original agreement for revised area, Judge says no need since the resolution is good enough. The appeal judge right away says there is arbitration ckause so you have to vacate and took our undertaking for 10 days. They say supreme court is even worse whilst listening to appeal in yhese matters
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