4326ce04-e9ed-48f9-bff1-8ea1260eff09.doc
4326ce04-e9ed-48f9-bff1-8ea1260eff09.doc
4326ce04-e9ed-48f9-bff1-8ea1260eff09.doc
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
INDEX
PETITIONER
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
To
________.
URGENT APPLICATION
Sir,
PETITIONER
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
MEMO OF PARTIES
M/S ____
___________,
___________
(through its Managing Director ___________) … Petitioner
Versus
1. M/s. ____.
___________
___________
____ _____
2 M/s _____
(formerly known as _____)
___________
___________
____ – _____
Also at
_____,_____,
______________
______________ …. Respondents
PETITIONER
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
C.P.C
PETITIONER
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
1996
______________
______________
2. ______________ (Formerly
known as ______________)
_____, __,
_______________________
Agreement under
appointment procedure
Agreement ).
GIVEN HEREUNDER:-
various projects all over the country. The petitioner company has enviable
goodwill in the market which it has earned over the last several years in the
business.
represented by its Directors namely, Mr. _____, Mr. _____, and Mr. _____,
who all are real brothers. They are also first cousins of Mr.______, who is
(e) That both the respondent companies i.e. Respondent No.1 and
Mr._____, who are close family members, being first cousins and in fact
Respondent No.1 and Respondent No.2 got together and negotiated for
the owner.
(g) That respondent No. 2 company, who is the owner of the said
(__ storeyed building) on the said property in the nature of an Interior Mall
FSI of _______ sq. feet that may be loaded out of the balance
contained.
(a). In case the Owner is unable to purchase and/or load the TDR
with the lesser TDR made available or with the area as will
by the Owner.
Project Property;
Property;
comprise:-
division);
Project Property;
comprise :-
division);
Project Property;
demands and actions and all costs, charges and expenses that
Agreement.
(b). If the Developer for any reason other than force majeure as
months after which, if the project is still not complete upto the
the Owner shall have the right to get the remaining work
contractor to get the work completed within the time and cost
damages from any third parties for that period and for any
authorities concerned.
“_____”,__________.
Supreme Court and ________ High Court), gave their Legal Reports about
the said property, to the Petitioner Company and also to M/s _______ both
Respondent No.1.
“_____”.
petitioner company also purchased in its own name a total of _______ sq.ft
to the Respondent No.1 and the payment made by the petitioner to the
and these customers entered into different agreements with the respondents
“_____”, __________.
TOTAL SALES
CONSIDERATION
Agreements with the Respondent No.1. The total sale consideration in all
the above referred agreements is Rs._________/- (Rupees _________ only)
mention that at the time of execution of the said Agreement dated _____
between the petitioner and the Respondent No.1, it was conveyed to the
_________. The Petitioner, acting on the basis of the Legal Reports given
Respondent No.1 and Respondent No.2 Companies and also relying on the
(m) That the petitioner company has now reliably learnt that the
Respondent No.2 applied for necessary permissions for obtaining IOD from
Respondents are not even pursuing to get the IOD and other statutory
There was thus, great resentment among the Buyers for the unexplained
order to cover up their lapses, the Respondent No.1 first wrote a letter
__________.
Dear Sir,
We heartily convey our greetings for the festive season and wish you
First of all, let us take this opportunity to share latest development &
construction work to start very soon. The little more time taken than
our commitment.
In case you have any query with regard to this project, please
We appreciate your business and thank you for taking part in our
project ”.
the petitioner and other Customers / buyers similarly placed and stated as
under:-
___ Installment.
Dear Customer,
above Project.
construction.
from the _______, the management has decided to inform you not to
Letter for the ___ installment, giving you ____ days time to pay the
same.
with you ”.
discovered that the delay was purely because of the inactions of the
Respondents and it seemed that Respondents were not even interested in the
openly told _____ Managing Director of the petitioner company that the
the said property to some third party at a much higher rate as the prices of
had rather gone multifold and were further escalating, therefore, the
petitioner company has also very reliably learnt that not only the
respondents have colluded together but they are making every effort to even
sell the said property to some third party and receive lump sum payment
property / creating third party interest on the said property. The petitioner
company and other similarly placed customers as per details shown in para
“l” herein above, are perhaps no match to the might and muscle power of
the respondents.
(o) That it is therefore, very clear to the petitioner that the
and at the same time cause wrongful loss to the petitioner and other
customers. Many other customers/buyers who are similarly placed like the
respondent companies but now they are clearly avoiding to meet any one.
The petitioner has also reliably learnt that the Respondents have been in
touch with various Big property dealers and property developers who have
been visiting the said property and they are likely to strike a deal with the
by day and it is expected that some of the people similarly placed like the
the Ld. Sole Arbitrator. The Petitioner Company has already got sent a
Respondent and has proposed the name of Hon’ble Mr. Justice ______
Arbitrator for adjudication of the disputes which have arisen between the
parties. The said notice has been duly served on the Respondent.
However they have not given any reply to the said legal notice. The
themselves and at the same time cause wrongful loss to the petitioner
company and to many others who are similarly placed i.e. people who have
__________.
adjudication of disputes between the parties and the venue of the said
arbitration has been given as ________. The petitioner company has filed
Respondent No.1 despite having served with the Legal Notice have failed
company and thus they have failed to exercise the option provided under
clause ___ of the Agreement dated _________ and have not even cared to
reply to the said Legal Notice. The petitioner company has genuine
apprehension that the Respondents will sell the said property to some other
the legal rights of the petitioner company and other persons similarly placed
(s) That the Agreement dated _____ between the parties clearly
reply/response from the Respondent No.1, the petitioner company will have
(t) That it is thus a fit case where urgent interim orders may be
passed and it would be most fair and in the interest of justice that interim
orders may be granted in favour of the petitioner company and the rights of
Hon’ble Court under Section 9 of the Act. The Hon’ble Court has powers
It has also been held in catena of Judgments of the Hon’ble Supreme Court
that Section 9 of the Arbitration and Conciliation Act 1996 only deals with
interim measures by the court and in a fit case where interest of parties
the Act. It has further been held that a party or a person is entitled to
agreement or militates against equity, fair play and natural justice. It is,
law, the Hon’ble Court may be graciously pleased to pass Interim Order.
(8) That the cause of action to file the present petition arose on
_____ when the petitioner company entered into an agreement with the
arose on all such dates when despite repeated requests /reminders the
subsisting.
parties have set out that in the event of disputes between them the matter
ARBITRATION CLAUSE
(10) That the clause ___ of the Agreement between the parties
________.
CLAIM
performance of the contract and the present dispute, the claim for damages
____________
COURT FEES
(12) That the petitioner company has paid the requisite court fees on this
application.
(13) That the petitioner company has not filed any other or similar
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may kindly
be pleased to –
/creating any third party interest in respect of the said property i.e.
Sole Arbitrator.
(c) Pass any other or further order(s) as this Hon’ble Court may deem
fit and proper in the given facts and circumstances of the case in the
interest of justice.
Prayed accordingly.
PETITIONER
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Filed on :
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
AFFIDAVIT
have been duly authorised by Board Resolution dated _______ in the above
case and conversant with the facts of the case & hence competent to affirm
this affidavit.
my instructions. The contents of the same are not being reproduced here
for the sake of brevity but those may kindly be read as part & parcel of this
Affidavit.
knowledge.
DEPONENT
Verification:
DEPONENT
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
AFFIDAVIT
above case and conversant with the facts of the case & hence competent to
reproduced here for the sake of brevity but those may kindly be read as part
knowledge.
DEPONENT
Verification:
DEPONENT
IN THE HIGH COURT OF ________ AT ________
O. M. P. NO OF ________
IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
LIST OF DOCUMENTS
01
02
03
04
05
06
07
08
PETITIONER
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :