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JAY K.VAKIL, B.L.S/LLB, LLM

ADVOCATE HIGH COURT, MUMBAI
A-602, Shreepal Nagar, Satya Nagar, Borivali (W), Mumbai-400092
Mob: 9819737802, E-mail: adv.jayvakil@gmail.com
21ST June, 2021.

The Executive Engineer,

Building Proposals Department,
Municipal Corporation of Greater Mumbai,
P/S Ward, Mumbai.

Respected Sir,
Sub: Application for Occupancy Certificate of SHARAD APARTMENTS C.H.S
LTD.

I am concerned for Sharad Apartments C.H.S Ltd. and under instructions from
the Hon. Chairman, wish to state as under:

1) The society entrusted redevelopment project to Aakar Constructions, a

partnership firm (“Firm”) vide Development Agreement dated 9th May,
2012(“Agreement”) and also registered a Power of Attorney on the same
date, in favour of the partners of the partnership firm, Mr. Rajendra Amrutlal
Shah and Mr. Kantilal Gunshi Gada. Out of the two, Mr. Rajendra Amrutlal
Shah was a working partner having complete knowledge of construction
activities and procedures and Mr. Kantilal Gunshi Gada was a sleeping
partner not involved in day to day activities of the firm.

2) Disputes between partners of firm surfaced in or around January, 2018

and disputes between one of the partners of the firm and the society too
occurred around during the same period.

3) These disputes were referred to the Hon’ble High Court, Bombay and
the Hon’ble Court appointed the Sole Arbitrator, Advocate Mr. Rashmin
Khandekar vide the orders dated 12th April, 2018 (”Order 1”) in Ref. 1 (
362/2018) and Ref. 2 ( 400/2018 ). The Ref No.1 matter is pertaining to inter se
dispute between the parties and the Ref No.2 matter is pertaining to society
has counter claim against the partnership firm.

4) Subsequently, by the orders dated 3rd July, 2020 of the High Court,
Bombay in Petitions nos. 311/2020 and 312/2020 (”Order 2”) replaced the
erstwhile Sole Arbitrator and appointed the Sole Arbitrator Advocate Mr.
Rohan Savant to adjudicate the disputes between the parties.
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5) As per the said Agreement, the partnership firm failed to complete the
balance work and to procure Occupation Certificate for the project,
therefore the society took over the onus of the partnership firm to complete
the balance work and to procure Occupation Certificate and executed the
Consent Terms dated 26th October, 2020 and obtained the Consent Interim
Award from the Ld. Sole Arbitrator, Advocate Mr. Rohan Savant dated 28th
November, 2020. The scanned copy of Consent Interim Award alongwith
Consent Terms dated 26th October, 2020 are attached herewith as Annexure
-1. The requisite Resolution passed in the Special General Body Meeting of
the society held on 26th September, 2020, whereby the Chairman and /or the
Secretary was authorized to deal with the matter. A copy Resolution is
attached herewith as Annexure -2.

6) Unfortunately, Mr. Rajendra Amrutlal Shah passed away on the 27th

February, 2021 due to Covid-19 pandemic. The other partner Mr. Kantilal
Gunshi Gada is non-cooperative in signing the requisite application for
obtaining Occupation Certificate. Hence, it became mandatory for the
society to apply for Occupation Certificate under its own name.

7) As the owner of the plot, the society is legally permitted to apply for
Occupation Certificate with proper documentation for the same.

In view of the above, we are requesting our Architect to apply for Occupation
Certificate in the name of the society and the society will comply with the
requirements of the M.C.G.M., as per the laid down procedure.

The society and the undersigned look forward to receive complete co-
operation and support from your end and for that we shall ever remain
grateful.

Thanking you,

Jay K. Vakil,
Advocate for Sharad Apts. C.H.S. Ltd.

CC . 1) Mr. Ashim Khatri, Architect.

2) Sharad Apartments CHS Ltd.