1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Arbitration Petition No. 213 of 2008 with Notice of Motion No.3554 of 2008 Jyoti Mehta ..Petitioner Vs. Jaycee Homes Limited ..Respondents Mr.D.Khambatta,Sr.Advocate with Mr.Sanjay Jain i/b Meghraj and Associates for petitioner Mr.D.Madan, Sr.Advocate with Mr.Gaurav Joshi and Ms.Pratibha Mehta i/b Little and Co. for respondents. CORAM: S.J.KATHAWALLA J. 17th July, 2009 P.C. 1 Pending culmination of the Arbitral proceedings between the petitioner and respondents or disposal of section 11 petition pending before this Court, there shall be an order and injunction restraining the respondents, their officers, servants and agents or any person claiming through or under the respondents from in any manner selling, transferring, alienating, 2 encumbering, disposing of, parting with possession or creating any third party rights of any nature whatsoever in approximately 32,000 sq.ft.built up area (not being super built up area) in building no.4 to be constructed by the respondents. 2 The order set out in paragraph 1 above is passed by consent of the parties. 3 Mr.Laxman Bhagtani, Director of the respondents who is present in Court, represents and undertakes to this Court that 10 flats being nos. 401, 403, 501, 502, 503, 601, 602, 701, 702 and 802 (as per revised plan) aggregating to approximately 32,000 sq. ft. built up (not being super builtup) area, would be kept apart, pursuant to the aforesaid injunction. The undertaking is accepted by this Court. 4 The petitioner has informed the Court that the petitioner reserves her right to verify whether the aforesaid flats 3 aggregate to built up area of approximately 32000 sq. ft. and to take appropriate proceedings if they do not. 5 In view of the aforesaid the arbitration petition stands disposed of with no order as to costs. Needless to add that the above order shall not prejudice any of the rights and contentions of the parties. 6 In view of disposal of the arbitration petition, notice of motion no. 3554 of 2008 also stands disposed of. (S.J.KATHAWALLA J.)