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PETITION UNDER SECTION 9 OF THE ARBITRATION AND

CONCILIATION ACT, 1996 FILED BEFORE HON’BLE HIGH


COURT SEEKING URGENT INTERIM ORDERS ON ACCOUNT
OF A DISPUTE ARISING OUT OF AN AGREEMENT EXECUTED
WITH A BUILDER FOR PURCHASE OF COMMERCIAL OFFICE
SPACE IN A MUTLISTORIED COMMERCIAL COMPLEX.
IN THE HIGH COURT OF ________ AT ________

O. M. P. NO OF ________

IN THE MATTER OF
M/S ________ … PETITIONER
VERSUS
M/S ________ AND ANOTHER … RESPONDENTS
INDEX

SNo. Particular Pages


01 Court Fee Sheet
02 Urgent Application
03 Memo of Parties
04 Application under Section 9 of the
Arbitration and Conciliation Act 1996
05 Affidavit in support
06 List of documents alongwith documents
07 Exemption Application with Affidavit in
support
08 Vakalatnama

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

The Deputy Registrar,

________ High Court,

________.

URGENT APPLICATION

Sir,

Will you kindly treat the accompanying petition as urgent one in

accordance with the High Court Rules and Orders.

The ground of urgency are :-

“ Interim Orders have been prayed for ”

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

APPLICATION FOR EXEMPTION UNDER SECTION 151

C.P.C

Most Respectfully Sheweth :

1. That the petitioner has filed the accompanying petition in this


Hon’ble Court. The contents of the same are not being reproduced here for
the sake of brevity but those may kindly be read as part and parcel of this
application.
2. That the petitioner has filed true/photo copies of documents
alongwith the petition. The certified copies of the same are being applied
and those shall be filed in this Hon’ble Court as soon as they are received
from the Branch.
PRAYER

It is therefore most respectfully prayed that the present petition may


kindly be heard on the strength of true/ photo copies of the documents and
the filing of certified copies may not be insisted upon at this stage, in the
given facts and circumstances of the case in the interest of justice.
Prayed accordingly.

Affidavit is filed in support.

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

1. Provision under which the Application under Section 9 of the

application is filed Arbitration and Conciliation Act

1996

2. Name of the applicant with ______________ having its

address registered office at

______________

______________

3. Name of the other parties to 1. ____,

the Arbitration Agreement ________________________

with complete Address ______________

2. ______________ (Formerly

known as ______________)

_____, __,

_______________________

4. Name and address of Name of Hon’ble Mr. Justice

Arbitrator ______________(Former Judge of

Hon’ble Supreme Court of India)

has been proposed in Legal

Notice dated _______ to be

appointed as Sole Arbitrator in

terms of clause _____ of the


Agreement dated _____

05. Name and address of Person Sole Arbitrator to be appointed for

or Institution if any, to adjudication of disputes and the

whom any Function has venue of Arbitration shall be at

been entrusted by the parties ____. (Clause ____ of the

to the Arbitration Agreement)

Agreement under

appointment procedure

agreed upon by them.

6. Qualification required if any Dispute are to be referred for

of the Arbitration by the Arbitration by Sole Arbitrator and

agreement of Parties the Arbitration shall be held in

accordance with the Arbitration

and Conciliation Act 1996 and the

venue of Arbitration shall be at

____, ( Clause __ of the

Agreement ).

A BRIEF WRITTEN STATEMENT DESCRIBING THE GENERAL

NATURE OF THE DISPUTES AND THE POINTS AT ISSUES IS

GIVEN HEREUNDER:-

7.(a) That the petitioner is a company duly registered under the

Companies Act 1956. The present petition is being filed through

__________, Managing Director of the petitioner company who is duly

authorised vide Board Resolution dated ____________ to

sign/verify/prosecute the present petition before this Hon’ble Court and to


do such other and necessary acts which may be required to be done on the

advice of the Advocate(s) in connection with the above noted petition.

(b) That the petitioner is a company engaged in the business of real

estate and is acting as brokers/underwriters for Marketing of Real Estate

Products of various Developers / Builders and has successfully handled

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.

(c) That Respondent No. 1 is a company incorporated under the

provisions of Companies Act 1956 having its registered office at

__________________, and its Head Office at __________________ and is

represented through its Director Mr. ______.

(d) That the Respondent No. 2, M/s __________ is based at

__________, and is a company registered under the Companies Act 1956,

having its registered office at _______________________, and is

represented by its Directors namely, Mr. _____, Mr. _____, and Mr. _____,

who all are real brothers. They are also first cousins of Mr.______, who is

Director in Respondent No.1 Company.

(e) That both the respondent companies i.e. Respondent No.1 and

Respondent No.2 are being managed by Directors Mr.______ and

Mr._____, who are close family members, being first cousins and in fact

Shri _____ happens to be the Director in both the Respondent Companies.

(f) That in the month of _____ the respondent companies i.e.

Respondent No.1 and Respondent No.2 got together and negotiated for

development and construction of a Multi-Storeyed Complex/Interior Mall


to be known as “_____” to be built on “All that piece/portion of land on

ground measuring _____ sq mtrs, equivalent to _____ sq yds. or their

whereabouts together with structures standing thereon bearing City Survey

_____ situated at __________________, _______, __________”,

(hereafter referred to as the said property), of which the respondent no. 2 is

the owner.

(g) That respondent No. 2 company, who is the owner of the said

property in question accordingly entered into a Collaboration Agreement

for Development of Property dated _______ with Respondent No.1

Company for Development and Construction of Multistoreyed Complex

(__ storeyed building) on the said property in the nature of an Interior Mall

to be named as “_____” for commercial use by constructing total

marketable FSI/TDR of _______ sq.ft. The salient features of

Collaboration Agreement for Development of Property dated _______,

entered between Respondent No.1 and 2 are reproduced as under :-

1. The Owner agrees to grant to the Developer and the

Developer shall acquire from the Owner the sole and

absolute right to develop all that piece or portion of land on

ground admeasuring _____ sq. meters equivalent to _____

sq. yards or thereabouts, together with structures standing

thereon bearing City Survey No. _____ situated at

__________________, _______, __________, and more

particularly described in the Second Schedule hereunder

written and shown on the plan Annexure `1’ hereto in green

and blue colour boundary line, (hereinafter referred to as

“the said Project Property”) for constructing a multi-storied


complex for commercial use by consuming the total municipal

FSI of _______ sq. feet comprising of basic FSI of _______

sq. feet or thereabout as arising out of Project Property plus

FSI of _______ sq. feet that may be loaded out of the balance

of the Larger Property of the Owner as more particularly

described in the First Schedule hereunder written and TDR-

FSI of _______ sq. feet to be acquired at the costs of the

Owner from other properties so as to make up the aggregate

FSI of _______ sq. feet or thereabouts (the entire FSI/TDR

area) in accordance with the layouts / building plans that

may be sanctioned by the Municipal Corporation of

_______________ and other concerned authorities in

accordance with the Development Control Regulations for the

time being in force and selling the various premises and

spaces in the proposed Commercial Complex, all its rights

and title or otherwise disposing the same for the

consideration and on the terms and conditions herein

contained.

(a). In case the Owner is unable to purchase and/or load the TDR

area on the Project Property or the TDR procured is less than

_______ sq.ft. then the Project Property shall be developed

with the lesser TDR made available or with the area as will

be otherwise permissible if no TDR is acquired and/or loaded

by the Owner.

2. The Owner hereby expressly declares, represents and

warrants to the Developer, as follows:-


a) The Owner is absolutely seized, possessed and entitled to

the Project Property being the leasehold land as more

particularly described in the Second Schedule hereunder

written and that the leasehold rights of the Owner in the

Project Property are transferable without the approval of

the Collector or any other authorities;

b) The lease of the said Project Property is valid and

subsisting and the Owner has not committed any breach of

the terms and conditions of the Indenture of Lease dated

_________ as amended by the Deed of Modification dated

_________ and the said Agreement dated _________ as

recited hereinabove. The Project Property is not subject to

any mortgage, charge, agreement for sale or any

commitment for alienation or other encumbrances of any

nature whatsoever and the Owner has a clear and

marketable title as a lessee in respect of the same;

c) There are no disputes or pending litigation in respect of the

Project Property;

d) The Owner is absolutely entitled to develop and/or grant

development rights or otherwise alienate the Project

Property and there is no restraint or injunction of any

nature whatsoever against the Owner in doing so;

e) There are no encroachments on the said Project Property;


f) The Owner has paid all the rents, rates, taxes, assessments

and other dues and liabilities in respect of the said Project

Property;

3. The Development Project envisaged hereunder shall

comprise:-

a) Notionally sub-dividing the Project Property from the

Larger Property (that is, without Municipal sub-

division);

b) Preparing lay out of the Larger Property including the

Project Property;

c) Obtaining all the necessary developmental sanctions /

approvals including IOD / CC, and if at all necessary

the environmental clearances, and also approval of the

Collector of _________ Suburban, State Government

of _________, and other concerned statutory

authorities and _________ for development and

construction on the Project Property;

d) Construction on the Project Property, multi-storied

building(s) by utilizing entire available FSI of

_________ sq. feet or thereabouts as mentioned in

clause __ above or whatever FSI is available or

permitted on the Project Property irrespective of

whether or not any TDR is acquired by the Owner

and/or is permitted on the Project Property;


e) Selling of or otherwise disposing of the various

premises and spaces in the new Commercial Complex

when constructed and developed including advance

bookings together with transfer of lease hold rights in

the Project Property; and

f) Carrying out the construction of the main building(s)

and site developments with necessary infrastructure

including car parking areas and any other spaces, etc.

3. The Development Project envisaged hereunder shall

comprise :-

g) Notionally sub-dividing the Project Property from the

Larger Property (that is, without Municipal sub-

division);

h) Preparing lay out of the Larger Property including the

Project Property;

i) Obtaining all the necessary developmental sanctions /

approvals including IOD / CC, and if at all necessary

the environmental clearances, and also approval of

the Collector of __________ Suburban, State

Government of _______, and other concerned

statutory authorities and _______ for development and

construction on the Project Property;

j) Construction on the Project Property, multi-storied

building(s) by utilizing entire available FSI of

_______ sq. feet or thereabouts as mentioned in clause

___ above or whatever FSI is available or permitted


on the Project Property irrespective of whether or not

any TDR is acquired by the Owner and/or is permitted

on the Project Property;

k) Selling of or otherwise disposing of the various

premises and spaces in the new Commercial Complex

when constructed and developed including advance

bookings together with transfer of lease hold rights in

the Project Property; and

l) Carrying out the construction of the main building(s)

and site developments with necessary infrastructure

including car parking areas and any other spaces, etc.

4. The Owner shall simultaneously with the execution of the

Collaboration Agreement execute in favour of the Developer

and/or its nominees an irrevocable Power of Attorney, inter

alia, giving to the Developer / its nominees of powers of

obtaining approvals, water and sewerage connections,

appearing before and signing and submitting any

applications, documents, undertakings with any authorities

including _______ for development of the Project Property

including the powers to sell and transfer, subject to clause 16

hereinafter, the premises / units / car parking spaces and

other areas in favour of the prospective purchasers and

transfer the said Project Property in favour of the Society /

Company or Association of occupant owners when formed or

submit the said Project Property under the _______

Apartments Ownership Act, etc.


(a) The Developer indemnifies the Owner against all notices,

demands and actions and all costs, charges and expenses that

the Owners may have to suffer and incur as a result of non-

observance of any laws, rules, regulations and conditions laid

down by the competent Government Departments/ Authorities

or/any action taken by them in pursuance to their sanctions

as well as any claims or charges demanded by the intending

purchasers of the developed areas/ spaces for non-

compliance of the agreements and contracts of any kind

between them and the Developer including the contracts/

agreements entered into with the agencies / companies,

engaged directly or indirectly, by the Developer for

construction / development and sale of developed

areas/spaces of the Project Property and/or any third

party(ies) such as neighbours, passers by etc. for any act of

omission, non-compliance and negligence by the Developer

or its nominees acting under the said Power of Attorney,

provided that such claims, losses have not arisen on accounts

of defects in title of the Owner to the Project Property or non-

transferability of title/lease rights in favour of the purchasers

or non-compliance of any of Owner’s obligations under this

Agreement.

5 (a). Subject to the Owner complying with its obligations as

mentioned in this Agreement including clauses __ and __

hereinabove, the Developer shall complete the Development

Project within 30 months from the grant of sanction of

building plans and Commencement Certificate for the


development of the Project Property subject however to force

majeure conditions viz.: -

i) Non-availability of steel, cement, water and other building

material due to any Government order or notification

banning their use for construction to all such projects.

ii) War, civil commotion or any act of God;

iii) Any notice, order, rule, notification of the Government and/or

public body or authorities. Provided always that the period

for completion of the Development Project shall stand

extended proportionally if the progress of construction is

adversely affected or stopped on account of any act of

commission or omission on the part of the Owner or on

account of any defects in the Owner’s title to the Project

Property or existence of any encumbrances thereon.

(b). If the Developer for any reason other than force majeure as

stated above, fails to complete construction work of the

project up-to the stage required for submitting application for

obtaining of the Occupancy Certificate within the stipulated

period of __ months subject to force majeure as stated

hereinabove, it shall be liable to pay to the Owner pre-

estimated damages at a fixed rate of Rs.______/- (Rupees

_________ only) per month of delay for a period up-to ___

months after which, if the project is still not complete upto the

stage for obtaining Occupancy Certificate as stated above,

the Owner shall have the right to get the remaining work

completed through a contractor appointed by the Owner at

the cost and expense of the Developer.


Provided that the Symbolic possession of the Project Property

and the construction thereon shall always be with the

Developer and the Developer shall allow access to the

contractor to the Project Property for the limited purpose of

carrying out construction of remaining work.

(c). In case the Owner exercises the right to appoint a contractor

which shall be for the specific purpose of completion of the

remaining work as per the approved plans the Owner shall

appoint within ten (__) days of exercising the option a

reputed agency to evaluate the remaining work to be done,

likely time for completion and the estimated cost therefor

with the help of the Project Architect and appoint the

contractor to get the work completed within the time and cost

evaluated by the Agency and approved by the Project

Architect, at the cost and expense of the Developer. The

contractor so appointed shall be paid the costs directly by the

Developer on bills raised, and verified by the Project

Architect. The contractor shall work under the supervision of

the Project Architect. In case the contractor does not

commence construction work within ___ days of exercise of

option by the Owner, the Developer shall immediately

resume construction as before, subject to payment of pre-

estimated liquidated damages to the Owner for period of

delay beyond stipulated period of ___ months as provided in

sub-clause ‘b’ above

(d). In the eventuality of the Owner appointing the contractor for

the remaining work as aforesaid, the developer shall not


create any hindrance in the process of completion of the

incomplete work to be carried out by the contractor so

appointed by the owner however, the Developer shall stand

absolved of any further delays in completion, any claims and

damages from any third parties for that period and for any

defects or deviations in construction carried out by the

contractor or materials used in construction and delay in

obtaining Occupancy Certificate etc. Such liabilities shall

then devolve on the Owner.

6. In addition to what is stated herein, Developer shall also be

entitled to and be responsible for –

a) Marketing the said project through advertisements,

brochures, brokers and such manner as may be deemed

proper and necessary by the Developer,

b) Selling, transferring or otherwise disposing of the rights and

title (as held by the Owner) in the various premises / spaces

in the new building (s) including the car parking spaces, at

such consideration and upon such terms and conditions as the

Developer may deem fit, SUBJECT to what is stated in

Clause __ hereinafter. Provided that no booking / sale /

transfer shall be made contrary to the rules prescribed by the

authorities concerned.

c) For the purpose aforesaid, entering into Agreements for Sale

of the premises/spaces and car parking and other spaces. And

to receive from the Purchasers/Transferees and Occupiers

thereof, the consideration payable under the said Agreements


only in the name of the designated Escrow account as stated

in the clause 16 hereafter.

d) Handing over the physical possession of the premises and

spaces to the respective Purchasers/ Occupiers in pursuance

of the terms of the Agreements for Sale or any other

agreement only after ensuring that the entire consideration

amount due from the respective purchaser(s) in terms of the

sale agreement has been received in full in the Escrow

Account as provided in clause ___ hereafter.

e) Taking all steps necessary for the formation and registration

of a condominium under the _______ Apartments Ownership

Act or a Co-operative Society under the _______ Co-

operative Societies Act or a Limited Company under the

Companies Act (as may be decided by the Developer), of the

Purchasers of the premises in the new building and for that

purpose to sign and execute all necessary Declarations,

Applications, Papers, Writings, Deeds, Instruments or

Documents and make representations before all the

concerned and appropriate authorities in that behalf,

f) Lodging all or any of the documents executed in pursuance

hereof for registration with the Appropriate Registering

Authority and to admit execution thereof.

(h) That the Respondent No. 1 further appointed the Petitioner

Company (which is based at ________) and also M/s _______ (which is

based at Singapore) as its underwriters and brokers respectively to sell the

commercial office spaces in the proposed Multi-Storeyed Commercial


Complex in the nature of an Interior Mall to be named as

“_____”,__________.

(i) That it may be pertinent to mention that the Advocates of

Respondent Companies namely Mr. _______and Mr. _______ (Advocates

Supreme Court and ________ High Court), gave their Legal Reports about

the said property, to the Petitioner Company and also to M/s _______ both

of whom were appointed Underwriters and Brokers respectively by the

Respondent No.1.

(j) It may be pertinent to mention here that M/s _______ acting

as brokers gave extensive advertisement in Singapore in leading National

Daily Paper for marketing of the Commercial Space in the proposed

“_____”.

(k) That it may also be pertinent to mention here that the

petitioner company also purchased in its own name a total of _______ sq.ft

of Commercial Office Spaces by __ (_______) separate Agreements in the

proposed Multi-Storeyed Building in the nature of an Interior Mall to be

named as “_____” __________. However, the present petition is in respect

of Commercial Office Space No. _______admeasuring _______ sq.ft. on

_______ floor of the proposed Multi-Storeyed Building in the nature of an

Interior Mall to be named as “_____” __________, which was purchased

for a total sales consideration of Rs._______/- (Rupees _______Only)

purchased vide Agreement dated _____.and against the total sales

consideration of Rs._______/-(Rupees _______Only), the petitioner has so

far paid an amount of Rs._______/- (Rupees __________________ Only)

to the Respondent No.1 and the payment made by the petitioner to the

Respondent No.1 is up-to-date as per the amount due to be paid in terms of

the Agreement dated _____.


(l) That in furtherance of the petitioner company being appointed

as authorised underwriters for the marketing of the said project, the

petitioner company procured various customers for the respondent No.1

and these customers entered into different agreements with the respondents

and purchased/booked the Commercial Office Spaces in the proposed

Multi-Storeyed Building in the nature of an Interior Mall to be named as

“_____”, __________.

A Statement showing the names of customers, Area Sold, in the

proposed Multi-Storeyed Building in the nature of an Interior Mall to

be named as “_____”, __________ is given hereunder for ready reference :-

SR. NAME OF CUSTOMER OFFICE AREA SALES


SPACE VALUE
NO.   NOS. SQ.FT. (Rs.)
1
 
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____
_
 
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63
 
64
TOTAL AREA SOLD

TOTAL SALES  
CONSIDERATION

It is submitted that all the aforesaid customers entered into separate

Agreements with the Respondent No.1. The total sale consideration in all
the above referred agreements is Rs._________/- (Rupees _________ only)

and the customers have so far paid an amount of Rs._________/- (Rupees

_________ only) to the Respondent No.1. That it may be pertinent to

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

petitioner that the construction would commence by _________ and the

entire project having a total FSI/TDR of_________ sqft. (__ Storyed

Building) would be completed in about __ months time only i.e. by

_________. The Petitioner, acting on the basis of the Legal Reports given

by Mr. _________ and Mr. _________, Advocates, addressed to M/s.

______________ & representations made by the Directors of the

Respondent No.1 and Respondent No.2 Companies and also relying on the

Collaboration Agreement for Development of Property dated _________

executed between the Respondent No.1 Company and Respondent No.2

Company, had purchased in his own name _________ sq. ft. of

Commercial Office Space for a total sales consideration of Rs._________/-

(Rupees _________ only). It was very legitimately expected by the

petitioner that in furtherance of the representations given by above said

Directors of Respondent No.1 and Respondent No.2, the development and

construction of the proposed project would commence by _________ and it

was also legitimately expected that development and construction of the

project would be completed by _________.

(m) That the petitioner company has now reliably learnt that the

Respondent No.2 applied for necessary permissions for obtaining IOD from

Municipal Corporation of __________ only in _________ and

Respondents are not even pursuing to get the IOD and other statutory

permissions issued so as to start the development and construction on the


said property. It is pertinent to mention here that in the absence of the

requisite permissions i.e. IOD and Initial Commencement Certificate from

the Municipal Corporation of __________, perhaps construction of the

proposed Project cannot commence on the said property.

There was thus, great resentment among the Buyers for the unexplained

delays by the Respondents. The Buyers obviously wanted authentic

answers to their queries about the construction schedule. Therefore, in

order to cover up their lapses, the Respondent No.1 first wrote a letter

dated __________ to the petitioner & other customer / buyers similarly

placed, in which it was stated as under:-

“Sub : Update on Developments in respect of _____,

__________.

Dear Sir,

We heartily convey our greetings for the festive season and wish you

and your family, health, wealth and happiness on approaching New

Year and every year to come.

First of all, let us take this opportunity to share latest development &

happenings in respect of “_____” at __________. In our endeavor

to maximize returns on investment made by you, our technical and

business teams have visited abroad to strengthen the customer base

and to finalized discussions with the prospective companies

interested in taking space at _____ on lease basis. The teams visited

have also attended exhibitions, fares and technical seminars to

successfully convert ‘_____’ into specialty mall/complex of

construction and interior/home decoration products industry. Our

teams have got tremendous response from international companies.


We are also pleased to share with you that formalities related to

commencement of construction are near completion and we expect

construction work to start very soon. The little more time taken than

projected time schedule for completing required formalities for

commencing construction work shall be covered during the

construction phase. We assure you to deliver the possession as per

our commitment.

In case you have any query with regard to this project, please

contact us and we would be more than pleased to come up to your

expectations. However, we shall keep you informed about progress

from time to time.

We appreciate your business and thank you for taking part in our

project ”.

Thereafter, Respondent No.1 again wrote a letter dated _____________ to

the petitioner and other Customers / buyers similarly placed and stated as

under:-

“ Re: Booking of Commercial Office Space _______ in the

“_____, ________, _______ __________-Payment of

___ Installment.

Dear Customer,

This is in furtherance to our earlier letter giving you update on the

above Project.

2. We take this opportunity to inform you that the IODCC in

respect of the above Project is expected to be received shortly from

the Municipal Corporation of _______________ (hereafter referred

to as “_______” and within _____ days of the receipt of IODCC


from the _______, we will commence the civil development work at

the site, so as to proceed with the work of commencement of

construction.

3. However, in view of the delay in the receipt of the IODCC

from the _______, the management has decided to inform you not to

make the payment of the __ installment due to be paid by you in

respect of the above Commercial Office Space.

4. As soon as the IODCC is received from the _______ and

demolition of the Building commences, we will send you the Demand

Letter for the ___ installment, giving you ____ days time to pay the

same.

5. We would, however, again re-assure you that any delay in the

Project on account of delay in the issue of IODCC by the _______,

will be overcome and the Management will endure to deliver the

possession of the Commercial Office Space to you as per the time

schedule agreed in terms of the Agreement dated _____executed

with you ”.

Unfortunately, however, these letters were just an eyewash because on

confirmation from the government agencies from __________ it was

discovered that the delay was purely because of the inactions of the

Respondents and the delay was primarily on account of lapses of

Respondents and it seemed that Respondents were not even interested in the

development & construction of project.

(n) That in the above background _____, Managing Director of

the Petitioner Company confronted the Directors of Respondent No.1 and

Respondent No.2 Company in a meeting held on ____ ________ and it is in


this very meeting Mr. _____, Director of Respondent No.1 and Respondent

No.2 Company and Shri ______ Director of Respondent No.1 Company

openly told _____ Managing Director of the petitioner company that the

project was no more a commercially viable proposition for them and

instead of developing and constructing the project they would be selling

the said property to some third party at a much higher rate as the prices of

the commercial property at __________ had increased considerably and

had rather gone multifold and were further escalating, therefore, the

respondent companies i.e. Respondent No.1 and Respondent No.2 were no

more interested in carrying out their contractual obligations with various

customers/buyers including the petitioner company who have purchased the

Commercial Office Spaces in the proposed Multi-Storeyed Building in the

nature of an Interior Mall to be named as “_____”, __________. 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

thereby putting the interest of thousands of persons into jeopardy.

The petitioner company and many other buyers/customers who have

booked Commercial Office Spaces in the said proposed Multi-Storeyed

Building in the nature of an Interior Mall to be named as “_____”,

__________, will suffer immense irreparable loss and injury if the

Respondents in collusion with each other and in furtherance of their

malafide intentions succeed in their nefarious designs by selling the said

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

respondents had colluded together to cause wrongful gain for themselves

and at the same time cause wrongful loss to the petitioner and other

customers. Many other customers/buyers who are similarly placed like the

petitioner company have also tried to contact the Directors of 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

Respondent companies very shortly. The situation is becoming worse day

by day and it is expected that some of the people similarly placed like the

petitioner company might even have filed appropriate criminal cases

against the respondents to safeguard their interest.

(q) That admittedly there is an Arbitration clause in the

Agreement between the parties and the disputes have to be adjudicated by

the Ld. Sole Arbitrator. The Petitioner Company has already got sent a

legal notice dated________ from its Advocate Mr.______ to the

Respondent and has proposed the name of Hon’ble Mr. Justice ______

(Former judge of Supreme Court of India) to be appointed as Sole

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

respondents have clearly colluded together to cause wrongful gains for

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

purchased the Commercial Office Spaces in the proposed Multi-Storeyed


Building in the nature of an Interior Mall to be named as “_____”,

__________.

(r) That clause ____ of the Agreement dated _____ entered

between the parties clearly provides for appointment of Arbitrator for

adjudication of disputes between the parties and the venue of the said

arbitration has been given as ________. The petitioner company has filed

the original Agreement dated _____ alongwith the petition. The

Respondent No.1 despite having served with the Legal Notice have failed

to reply to the said Legal Notice dated________ given by the petitioner

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

persons or create third party interest in the said property so as to frustrate

the legal rights of the petitioner company and other persons similarly placed

who have bought the properties for crores of rupees.

(s) That the Agreement dated _____ between the parties clearly

provides for arbitration clause in case of disputes but in absence of any

reply/response from the Respondent No.1, the petitioner company will have

to file appropriate petition before this Hon’ble Court for appointment of an

Arbitrator. However in the meantime as an interim measure, the petitioner

company is filing the present application before this Hon’ble Court to

protect its legal rights.

(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

the petitioner company be protected.

(u) That it is settled proposition of law that commencement of

any arbitral proceedings is not precondition for exercise of powers by the

Hon’ble Court under Section 9 of the Act. The Hon’ble Court has powers

to grant Interim relief to protect the interest of the parties.

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

ought to be protected, such interim orders may be passed under section 9 of

the Act. It has further been held that a party or a person is entitled to

interim protection if other party is either in the breach of terms of the

agreement or militates against equity, fair play and natural justice. It is,

therefore, respectfully submitted that in view of the settled proposition of

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

Respondent No.1 for purchase of Commercial Office Space and it further

arose on all such dates when despite repeated requests /reminders the

respondents failed to start the development and construction work at the

site, and it further arose on _____ and _____________ when the

Respondent No.1 wrote letters to the Plaintiff and it further arose on

________ when the Respondent No.1 and Respondent No. 2 refused to

honour their commitments, and the cause of action further arose on

_______, when the petitioner company gave a legal notice to the


Respondent No.1. The cause of action is thus a continuing one and still

subsisting.

(9) That in terms of clause ____ of the Agreement, both the

parties have set out that in the event of disputes between them the matter

shall be referred to arbitration of Sole Arbitrator and the arbitration

proceedings shall be held at ________. The registered offices of the parties

are at ________, therefore, this Hon’ble Court has territorial jurisdiction to

hear and adjudicate the present petition.

ARBITRATION CLAUSE

(10) That the clause ___ of the Agreement between the parties

provides for adjudication of disputes by a sole arbitrator and it further

provides that the Arbitration shall be held in accordance with Arbitration

and Conciliation Act 1996 and the venue of arbitration shall be at

________.

CLAIM

(11) That the petitioner company has entered into an agreement to

purchase the Commercial Office Space for a sale consideration of

Rs._______/- (Rupees _______________ only) and in case of non

performance of the contract and the present dispute, the claim for damages

of the petitioner company are quantified as under :-

(a) Area of Commercial Office Space booked _______ sq.ft.

(b) Total Sale Consideration at which Commercial Office Space

was booked on _____ Rs.___ lacs

(c) Present Sale Consideration of the Commercial


Office Space in the Market @ Rs.______ per sq.ft.

(Rs.____ x _______) Rs.___ lacs

____________

Amount of Damages (c-b) Rs.____ lacs

These damages of Rs. ____ lacs (Rupees ___________ Only), are in

addition to the refund of amount of Rs._______/- (Rupees

________________Only), paid by the Petitioner to Respondent No.1.

COURT FEES

(12) That the petitioner company has paid the requisite court fees on this

application.

NON FILING PARA

(13) That the petitioner company has not filed any other or similar

petition before this Hon’ble Court or in Hon’ble Supreme Court of India.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may kindly

be pleased to –

(a) Restrain the Respondent 1 and Respondent No.2 from selling

/creating any third party interest in respect of the said property i.e.

“All that piece/portion of land on ground measuring _____ sq

mtrs, equivalent to _____ sq yds. or their whereabouts together

with structures standing thereon bearing City Survey _____

situated at __________________, _______, __________”, during

the pendency of the Arbitration proceedings before the Learned

Sole Arbitrator.

(b) Restrain the Respondent No.1 and Respondent No.2 from

selling/creating any third party interest “in respect of Commercial


Office Space No. _______, admeasuring _______ sq.ft. on

_______ floor, in the proposed Mutli-Storeyed building to be

constructed on the said property either by Respondents themselves

or by any other third party”, during the pendancy of the arbitration

proceedings before the Learned Sold 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.

Affidavit is filed in support,.

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

AFFIDAVIT

I, _____ S/o _________, aged about _____ years, R/o ___________do

hereby solemnly affirm and state as under:-

1. That I am the Managing Director of the Petitioner Company and

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.

2. That the accompanying petition has been drafted by my counsel on

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.

3. That the contents of the Affidavit are true & correct to my

knowledge.

DEPONENT

Verification:

Verified by me at ________ on this the ____ day of ________ that the

contents of the above Affidavit are true and correct to my knowledge, no

part of it is false and nothing material has been concealed therefrom.

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

I, _____ S/o __________, aged about ____ years, R/o _______________

do hereby solemnly affirm and state as under:-

1. That I am the Managing Director of the Petitioner Company and

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.

2. That the accompanying application for exemption has been drafted

by my counsel on 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.

3. That the contents of the Affidavit are true & correct to my

knowledge.

DEPONENT

Verification:

Verified by me at ________ on this the ____ day of ________ that the

contents of the above Affidavit are true and correct to my knowledge, no

part of it is false and nothing material has been concealed therefrom

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

Sl.No. Particulars Page No.

01

02

03

04

05

06

07

08

PETITIONER

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

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