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

18th June, 2021

To,
Mr. Ashim Khatri L.S.
C-501/502, Eastern Court,
Vile Parle East, Mumbai 400057.

Sir,

Sub: Application for Occupancy Certificate of SHARAD APARTMENTS C.H.S

LTD.

I am concerned for Sharad Apartments C.H.S Ltd. and 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”).

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.

5) As per the said Agreement, the partnership firm failed to complete the
balance work and to procure Occupation Certificate for the project,

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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 Consent
alongwith Consent Terms dated 26th October, 2020 are attached herewith as
Annexure -1.

In view of the above, you are requested to proceed with the application to
procure Occupation Certificate in the name of society’s and the society will
provide required documents for the same.

Thanking you,

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

CC Sharad Apartments CHS Ltd.

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