- 1 - 910.car.38.11 ara.27.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 38 OF 2011 IN ARBITRATION APPEAL NO. 27 OF 2011 Aqueel Aslam Merchant & Anr. ..Appellants -Versus- Sun Rock Municipal Employees Co-operative Housing Society Ltd. ..Respondent .......... Mr. D. H. Mehta a/w. Ms. Deepa Kamath i/b Girish K. Vora, Deepa Kamath and Manmohan Rao for the Appellants. Mr. A.Y. Mishra a/w. Mr. Jehangir A. Khan for the Respondent. .......... CORAM : S.J. VAZIFDAR, J. DATE : 21ST DECEMBER 2011. P.C. 1 The impugned order is stayed pending the hearing and final disposal of the appeal. It is however, clarified that the appellants neither claim nor shall be entitled to any equities either in this appeal or in the arbitration proceedings on the basis of their continuing to occupy the said premises by virtue of this order. 2 All the contentions of the respondent shall be kept open including and in respect of the suit premises. For instance, it would be open to the - 2 - 910.car.38.11 ara.27.11 respondent to contend that in the event of their contention regarding a shortfall in the area being upheld, the same should be made up from the area in the occupation of the appellants. 3 Further the pendency of this appeal shall not, in any manner whatsoever, be a ground for delaying the arbitration proceedings. The learned arbitrator is requested to proceed with the arbitration. 4 This order shall not prevent any authority from taking any action, if they so desire, in respect of the occupation of the suit premises by the appellant including on the ground that there is no occupation certificate. The pendency of this appeal will not preclude them from doing so. 5 Mr.Mehta states that the appellants have no objection to the respondent’s occupying their respective flats entirely without prejudice to their rights and contentions in this appeal and in the arbitration proceedings. It is accordingly ordered that the respondent may occupy the flats without prejudice to all their rights and contentions in this appeal and in the arbitration proceedings. 6 It is further agreed by the appellants that the respondent may give their respective flats out on leave and licence basis also without prejudice - 3 - 910.car.38.11 ara.27.11 to their rights and contentions in this appeal and in the arbitration proceedings. 7 It is made clear that the impugned order is stayed and the appellants are permitted to continue in occupation of the premises only on the basis that they agree not to claim equities by virtue of this order in the arbitration proceedings. In the event of the appellants desiring to claim equities by virtue of their continuing in occupation by virtue of this order, the stay shall stand vacated. The Civil Application is accordingly disposed of. -