1 arbpl175.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 175 OF 2011 The Ghatkopar Prakash Co-op. Hsg. Soc. Ltd. ....Petitioner. Vs. Rameshchandra Nanalal Khetani ....Respondent. Ms. Rekha Shinde for the Petitioner. Mr. J.S. Kini i/by Mr. Suresh Dubey for the Respondent. CORAM : ANOOP V. MOHTA, J. DATE : 24th MARCH, 2011 P.C.: Rule, returnable forthwith. Heard finally. The Petitioner-Society has filed the present Section 9 Petition against the Developer on various grounds including the excess construction. The Petitioner has already appointed the Arbitrator. 2 Considering the averments made and in view of the reply filed by the Respondent in para 2, 3 and 4, which reads thus:- 2 I state that flat no.2 (new flat No. 102) and flat No. 4 (new flat No. 202) has been disposed off long back by way of registered agreements. Annexed hereto 2 arbpl175.11.sxw ssm and marked Exhibit A and Exhibit B are the copies of the two registered agreements. I state that on the flats there is bank loan as the flats are mortgaged. 3 I state that flat no. 601 has been also sold by way of registered agreement, which is annexed hereto and marked Exhibit C. I state that on the flats there is bank loan as the flats are mortgaged. 4 I state that Parking Space No.1 is later on amended as a Garage and has been allotted to Rejesh Seth. Parking Space No. 2 is later on amended as a Office and has been allotted to Rajesh Mehta. I crave leave to refer to and rely upon the documents to show the same as and when produced.” I see there is no case made out by the Petitioner-Society for interim relief as prayed, as the properties have already been transferred and third party rights have already been created. 3 However, as the parties have already appointed the Arbitrator, liberty is granted to the Petitioner to apply for the reliefs before the Arbitrator. All the points are kept open. The Petition is accordingly disposed of. No order as to costs. (ANOOP V. MOHTA, J.)