An appeal bench of Bombay high court on Monday stayed the order of a single judge, which had allowed a housing society of a dilapidated building to appoint a new developer for its redevelopment project.
A bench of Chief Justice Mohit Shah and Justice A K Menon was hearing an appeal by Kumar Builders Mumbai Realty Pvt Ltd against an order passed on June 24 by Justice R D Dhanuka in an arbitration petition by Jal Ratan Deep Cooperative housing society .
The bench directed that the arbitration, at an “advanced stage of cross-examination and likely to be completed within a short time“ be done by September 15. It allowed the society to continue scrutiniz ing tenders, but not to appoin another developer till the arbi tration award was passed.
Justice Dhanuka had earli er restrained the developer from advertising the project on its website. The redevelop ment agreement was executed between the society and Ku mar builders in Jan. 2011, bu negotiations had begun in Sept. 2010. A year later, the de veloper reduced flat sizes, cit ing changes in developmen control regulations and placed its revised plans before the civ ic body for approval in 2012.
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