1 arbp359-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.359 OF 2011 M/s.Sun Shine Realtors Pvt. Ltd. ....Petitioner V/s. Amardeep Mahal Co-op. Hsg. Soc. Ltd. & Ors. ....Respondents Mr.Rajiv Narula with Mr.Basant Tilokani and Mr.Pramod Bhosale i/b M/s.Jhangiani Narula & Associates for the Petitioner. Mr.E.A. Sasi for Respondent No.1. Mr.Rahul Karnik for Respondent Nos.2 and 3. Mr.Anil Singh i/b Mr.D.R. Shah for Respondent Nos.4 and 5. CORAM : S.J. VAZIFDAR, J. DATE : 1ST JULY, 2011. P.C. :- 1. The following order is passed with the consent of the parties :- i). The internal disputes between respondent Nos.2 to 5 are not the subject matter of this order. This order is without prejudice to their inter-se disputes. All other disputes including regarding the manner in which the share certificate is to be issued are kept open. Respondent Nos. 2 to 5 are at liberty to adopt proceedings in that regard. ii). The statement of respondent Nos.2 and 3 that they have already vacated their portion of the said premises is accepted. Respondent Nos.4 and 5 agree and undertake to hand over quiet, vacant and peaceful possession of the premises to the petitioner upon being placed in quiet, 2 arbp359-11 vacant and peaceful possession of the temporary alternate accommodate on the suit property. iii). The petitioner’s undertaking not to dispose of, alienate, encumber, part with possession of or create any third party rights in respect of Office No.602, 6th floor, S.S. House, Nehru Road, Vile Parle (East)-400 057 is accepted. Further undertaking by the petitioner not to place any person in possession of the free sale component till the permanent alternate accommodation in respect of the premises which is the subject matter of the petition is made available, is also accepted. There shall be an order in these terms as well. iv). The petitioner agrees and undertakes to carry out the modifications within the permanent alternate accommodation as regards the portion of toilets and as per the present premises, subject of course to the sanction being obtained for the same. v). The permanent alternate accommodate shall not be less than the present area occupied by shop No.A-1 plus 25% carpet area. vi). The Prothonotary & Senior Master shall appoint an officer of this Court to measure the carpet area of the premises being shop No.A-1. In doing so, the officer shall not take into consideration the areas or the walls of the internal and external. The officer shall file a report within two weeks from today. The costs of the officer shall be paid by the petitioner. The petition is accordingly disposed of.