BEFORE THe Soue asmiTRATOR Inthe to matters of erbtration btw: anil Guna Gade BA 066788250872 ay)3. Sharad Apartment C.H.8.L Respondents APPRARANCES: For the Claimants; Mr, Sahil Saiyed, Advocate fr the Claimant Mr, Chunilal Nandu and Mr. Bhadesh Shah, Representatives of the Ctaimant. For the Respondents; Mr. Farhan Dubash, Counsel a/w. Mr. Mukesh Gupta, Advocate if Soliis Lex, [Advocates for Respondent Nos.1 & 2 Me. Meugesh Shah, representative fr Respondent Nos.1 & 2 Mr. Jay Vakil, Advocate fr Sharad Apartments CHS, Me. Shaver K, Drag, the Chairman ef the Sharad Apartments CHS. ‘The disputes between Kantil G. Gada on the one hand and Rajendra A. Shah and Aruna B Shh on the other hand being the partners of M/s. Askar Construction (irm’) arising out of Partnership Deed dated 19% April 2010 (hereinafter relered to as Reference 1) was referred to Sole Arbitration vide an Order dated 1204 April 2018 in CARBPL 262 OF 2018, Similarly, the disputes amongst the partners of the Firm on one hand and Sharad Apartments CHS Lid (tereinafer, the ‘Saciety) on the other hand in relation to the Development Agreement dated 9 May, 2012 (‘Development Agreement) jor redevelopment of the Plot nos 100, 101 of People's Housing Colony bearing CTS No, 203 ‘admeasuring 883.50 sq, mtr. or thereabout situated at Vilage Pahadi, Goregnon (West), Tlues Borivali within Greater Mumbai (the sald Project) were iso refered to Sole Arbitration (bereinafer referred to a5 Reference 2) vide an Order dated 12% ‘April 2018 in CARBPL 400 OF 2018, Pursuant to Orders dated 3 July 2020 in CARBPL 11 & 312 OF 2020, the Reference 1 and Reerence 2 came tobe referred to my sole Arbitration, ‘After several rounds of negotiations and discussions amongst the partners concerning disputes in Reference 1 and amongst the eDariners and the Society concerning disputes in Reference 2, the parties to Reference 1 and Reference 2 arrived at an amicable settlement of some of their disputes and diferences culminating into the execution of Consent Tertis dated 268 October, 2020 (heeeinafter referred to as ‘the sald Consent Terme’). The said Consent Terms are taken on record and annened as Annexure-X hereto ‘The partes in Reference 1 an¢ Reference 2 jointly an by consent Fequested me to pass an Interim Award on the bass of the sad Consent Terms. For the purpose of pasting an interim award, the Partes were called upon to mutually identify and place om record the specific relics forming part of their respective claims and ‘counter claims that stood amicably resolved by virtue ofthe said ‘Consent Terms for the sake of clarity and convenience and for the sake of further adjudication of disputes which remain pending er the ead Consent Ter. ‘The Advocates representing the respective parties state that by Virtue of the sald Consent Terms, the following reliefs stand amicably resolved and woul aot mqien any further adjudication in the presen arbitration proceedings: ©) Prayer clnuse (a) and ( of the Statement of Claim dated 5 May, 2018 in Reference 2, (®) In ight of prayer clauses (a) and (a being resolved, prayer clauses (g) and (h) also consequently stand resolved. It is lari that the Society has not consented to the grant of Prayer clauses (g) and b) and that Mr. Kantilal Gada is Presently not pursuing prayer clause (g) & (bin light ofthe Consent Terms. In the rent, the Society acta in ony manner ‘contrary to prayer clauses (a) and (a) during the course of the present proceedings, Mr. Kantilal Gada shall place the said fact on Affidavit and may pursue the grant of prayer clauses (g) and (© In Reference 2, Prayer cause b) of the Counter Claim dated ‘28mFebruary, 2019 fled by the Society against the firm and its partners and prayer clause ai) insofar as it relates to peste e‘paragraph /clauseg) of Exhibit tothe Counter Claim dated 284 February 2019 in the sum of Rs, 1,20,000/- Accordingly, the following Ieterim Award is passed with the consent of parties: @ ow ‘An Interim Award in terms of the Consent Terms dated 26 October 2020 which are annesed at Annexure hereto is passed; ‘The folowing relies stand aricably resolved and would not Fequire any further adjudication in the present arbitration, proceedings: (Prayer clause (a) and (d) of the Statement of Claim dated 5% May, 2018 in Reference 2 (Gn tight of prayer clauses (a) and (€) being resolved, prayer clauses (and h} also consequent stand resolved. It is cared that the Society has not consented to the grant of prayer clauses (g) and (h) fang that Mr. Kanilal Gada is presently not pursuing prayer clause a) & (hin light of the Consent Terms. In the event, the Society acts in any manner contrary ta prayer clauses (a) and (d) during the course of the present proceedings, Mr. Kantilal Gada shall place the sid fact on AMfidwit and may pursue the grant of prayer clauses (an (ii) In Reference 2, Pnyer clause bof the Counter Clim ated 289Rebruasy, 2019 fled by the Society against the fim and its partners and prayer clause ai insofar sit relates to pargraph/elatseg) of ExhiitG to the (Counter Claim dated 28 February 2019 inthe sum of Rs, 1,20,000/ 3 SavantQae 43 ona BEFORE THE SOLE ARBITRATOR ‘MIG, ROHAN SAVANT ‘Kant Gunshi Gada And 1. Sharad Apartment CHSL, 2 Rajendra hal 3. Arona R Shah ‘Caimant Respondents AND sentra ee ‘Kantial Gunshi Gada And 1. Rajendra A. tah 2 Arana Shah 3. Sharad Apartment CHS (Cairmant Respondents ‘SONSENT-TERMS DATED 2511 octont SALTER DATED 2 OcTOmER 229 anal ©. Ga i Raja A Shh and Aruna R. Shah wee caylng on business of consructon and redevelopment of buldings inthe name M/s Atk Construction (Fira) Pursue thereto, the em entered into the Devclopmen Agmement dated 9 May, 2012 (Development ‘Aseement) seth StaadApartrnls CHS (hereinafter, the ‘Solty ‘sierapnent of the Pot nos 10, 101 of Peps Hows Colony ‘esrng CTS No. 208 admeasurng 8.0. or herebout stat ‘Vilage Fahad. Goreguon (West), Taluka Borvall within Greater Mamet (ihe sid Poet), The Sct ulding wich hs bon contd by ‘heir nthe sald Prot compris of ground pus 18 upper Noone ‘Satsequenty, disputes arose betwen the ties in respect of completion of construction and obtaining the Ore spaney Certificate forthe Scity balling andthe matter has ben rere to aritzation February 2019, Consent Onder was passat by the Hor‘ble feSil Tebunal (Content Orde) wherein was agreed that the Fry es tem amonnt of. 7090 0/- (Rapes Sere aki Ory ‘Ramla the “ening Wand can th OscupncyCenat og ‘os SeietyIulig tn alton tthe sore arg the partes of » } es Be fb. 1‘he Fim viz, Kaila G. Gada, ofthe one past and Rajendea A. Shah ‘Aruna R. Shah, ofthe other pat agreed to make a farther sum of Rs ‘2000,00/- (Rupees Twenty Inks ony) each, available towards expenses {or completion of pening work obtainng the Occupancy Certicate for the Soiety bulling, This is recorded inthe Minutes ofthe Arbiteal Hearing held on May 2019, Jn petal compliance of the Consent Order, the Firm obtained a Cerificate sated 216 Fetraary 200, rom We Cha Fire Oce (CFO) by expending Rs, 13,00000/- (Rupees Thier Lakhs Only) However, the Oecupancy Cert has til not been obisined forthe Society bing. Jn the premises, the Socty hat agred to tke over this bligton/respnsiity from the Fim and undertakes to complete any and all the incomplete and Penting Work and procure the Occupancy (Certate on or before 20 Ap 2021 forthe consideration mentioned ‘ereude, A rescaton to this lect was also approved and pad by ‘he General Boy ofthe Society ints Emergency Special General Baty Meeting hel on 268 Septem, 2020 and 246 October, 2000, Accordingly, the Partin have mutually agreed to amicably tesalve and ‘etl thelr sputes diferences and cltims to this limited extent and a ‘settlement in hat regard has bow avved at between the Parts vide the resent Consent Terms for completing th Pending Work and procuring (he Occupancy Cette amorgst other mater (Consent Term’) recorded hereunder, ‘The partes herein have now agred asunder 2) The above recitals fon part the agro Consent Terma. 1) That av recorded inthe Consent Order, the Sacety apres that all termination notices with pet to the Developmen Agreement dated 5% May 2012 are null ard void and/or withdrawn and the Developrint Agreement dex! 98 May 2012 continues to remain ‘using, valid andl nding on the paris, 9) The Society agrees that his no righ, tile or infers or claim. in ‘espe fondo” Flat Nos. 6,302, an 1502 and the Firm ano its Peet gh Sameta 8 a pariners are fee to dal withthe same in which ever manner they are nti to deal with the same. The Society agres ane undertakes to sim the fat purchasers of unsold flats a8 memburs ofthe Sckty "pon presentation of appropiate documentation, ‘The Society also agrees nd undertakers to admit the fat purchasers of ‘tos 1002 and 1501 as members ofthe Sacety upon presentation of "propriate documentation. Alter the execution of the Consent Onder, the Fish has made syment/par-payment of an amount of Rs 40000/- (Rupees Four ‘aks only) to New Tech Equipment Pvt, Lid. towards the stack ching system installed in th Soity bulking, The Society conteme this payment and agrees to give cre fr this amount of Re §,000/. ‘Rupees Four Inks on) to the Fim. All partis agree that the Sole ‘bitator wil give effect to this adjustment inthe Final Award that ‘may be pasted in the arbiaton arising out of the Development — ‘The Society hereby lakes ave the obligaton/respesiiity trom the ism and/or its partner inclading those specified under RERA, 2016 forthe purposes of completon of Pending work and obaining of (Occupancy Certifate fo te sid Project, Sharad Apartments building, The Socety serosa undereeto plete y an all {he incomplete and Pending Workin secondance with law an procure the Oxcupancy Cetifiente forthe Society bullion or before 308 ‘Apel 201 tn flan fina consideration of exccuting these Conuent ‘Terms, the Fr has handed over the agreed lump-sum amount of Re YOON. ls Rs. 13Y0/- tarde TOS (aleltd @15%) nestenting Rs, 985000/- Rupees Ninety Eight aki ify thousand ents) (Setlement Amount) to the Soci, by chaque dated 298 (tober 2109 bearing no D137 drawn on the Koak Mahinea Bank Account ofthe Partnership Fim bearing no, 714367, Under the Development Agreement, the Fim israired to beor the stamp duty and registration charges or the newly alate fats ofthe xking members of the Society. The sMorementoned Setlemens ‘Amount also Includes all expres aid charges towards stamp duty reghtraton ant out of pocket epenses in respect of Hat No, 62 ‘which has been alloted to one Mr. Sebastian Joseph Gonsalves the Hon. Secretary of the Society ut no further/aional amount are wt JS In» equired tobe pid in this gard by the Fim, These Consent Terms sr alo signed by the sd Me. Sebastian Joseph Gonsalves in his ‘capacity ax Secretary ofthe Socety and in his persona capacity as {agreement and contimation the above understanding The Soviety agrees and undertkes 40 unconitionally ay/refund/rimburse the sum of Rs. 10000/- (Rupes One lakh Filty thousand ony) tothe Firm without any demu on or before 1© November, 021 but subj: to receiving TOS Cerificate fom the Pattzership frm, This amouet shall be pl in the nae ofthe Fir. the event that the Fm is wound up and i acouns are already feted as on 1* November, 2921 and/or a any cali time when the ‘loreal end eeimburiement sought to be made by the Soviet, ‘en the aforesaid amount sal be pid by the Society asunder ©) Rs 67500/- Rupees SitySeven thousand Five hundred ‘only; to Kansiat Guns Gad (8) Rs. 97,50/- (Rapes ThinySeven thousand Five hundeed ‘nly to Rajendra Say and (i) Re 45,0 (Rupues Fory-Five thousand only) to Aruna Rajendra Sha, ‘The Society apres hatin the event tha they are unable to complete ‘he comples and Pending Wer in acondance wil aw ad presre (he Occupancy Coritcate fo the Society building on or before 30% ‘Apri, 22, the Sockety sal pay without demu and/or protest the Fim and/or its porters a sm of Rs, 5 000/- (Rupees fve thousand ons) per day for each diye delay tl the above obligations are completed and Oxupeney Catfeste for the Soxity balding is tained bythe Society 1 farther agreed that the Finn and/or ts Partner at their dacretion will be ened to adjustment of this ‘mount in the Fal Award tat may be pase in bth the aban sates and/or enforce the cligaton in accordance with law. Inthe ‘tet that th Fem is wound up and is acount are aleady sted ‘fore the Soviet obtains the Occupancy Certificate ona date afer 308 ‘Ar 20 ten the Scat il pay he uma 500/- per dey tr ‘och daysdly tthe partes of the Fim nthe flowing manner (© Rs. 250 /- per day (Rupees Two Thousand Two Hundred ‘nd Fit only o Katia Gunsh Gada; ‘ wat a Ga i(i) Rs 1250 /- per day (Rupees One Thovsand Two Hundred ‘ity Only) to Rajan Sha and (i) RS 1500/- per day Rupees One Thousand Five Hundred ‘Only to Arana Raids Shah, Di the event the socioty is unable to complete the incomplete and Pending Werk atthe Socity balding in ascontance with law and procure the Occupancy Crtsat for the Sit building ono before 50h April 2021, then over and above the amounts payable to the Frm and/or its partners as per cuse 8) above, the Society shal alo be ‘solely Hable and/or responsible to bear all costs charges, expenses, eats that may be payable to any statutory autor or hid pasty 5 result ofthe delay/defaa in completing the Pending Work an obiining the Oocupancy cticate and shall also bear all costs charges, expenses and indemnify the Fim and/or its pater in ‘elation to all legal ation that may be iiited by any statutory suthority or thind party aganst the Fim and/or its Parner aig ‘out of and/or in elton to the dlay/ fault in completing, Pending, ‘Work and obtaining Oocupary Certificate forthe Society builing. 8 In the event the Society is unable > complete the incomplete and Pending Wor in accordance with law and procre the Oxcupancy [Certifies forthe Society buling ox efor 9 Apel IZ, on ‘count of any act of force sajeure icuding any lockdown delaed by the State/Cental Goverment as arent ofa pondemi, then such tne will be ected whist clculating the afrenid period and the ‘Society wil be entitle to a proportionate extension. “The Fim and ts pares ayo to provide assistance to the Soc, on being approached by them in writing, soley for the purpose of Providing documentation which may be required for obtaining the (Occupancy Caticate 1») i expreily understood and agreed between the paities tht no further amounts shal be payable by the Fem anl/or its priners tothe ‘Society fr completing any and all the incomplete and Pending Work ln accordance with ta and procuring the Occupancy Cerificate for the Society builtng 1») The parties agree that they shall nt ajust the Settlement Amount ‘with anyother elaim or courer lin ied by the pation° » a % 9 ‘he Frm and/or ts partners agree that they shall neither interfere in the manner in hich the Society coemletes the Pending Work and Procure the Occupancy Cartiicate noe demand any statement of ‘secounts showing how the Seement Amount has bee expended by thesociey "e exprassly agreed and understood that except for the D5 ‘somponent refered to hereinabove, the Society shall nat be lable to "tur any other part ofthe Setlement Amant afer complying with all the Fendng Conditions and procuring the Occupancy Certicte, Similaty, the Society wil aso not be entitled to demand any more ‘mounts from the Firm anc/or ts partes for complying withthe ‘obligations undertaken by tha under these Consent Terms, "eis expressly agreed between the paris tat the Society shall not be liable to pay, from the sald Setdement Amount the vendors ofthe Fm whose dues may be oustanding inthe books of he Partnership Fim for the sid Project. ‘Upon execution ofthese Content Terms the statutory obligation ofthe Firm and/or its partners to complete the Pending Work forthe sad Froet and oti the Ocupancy Crate of the Scety bulking ‘stands discharge and taken over by the Society and its now the sole "sponsibility and ebigationcf the Society to complet any and alte Pending Works and obtain the Oscupancy Crit forthe Society Building, ‘The Society agrees and undertakes to execute any documents which ime be required in future to eon he aking over of hese cbigations ‘nthe records of RERA and/c ther tatutory authorities ‘copy of the present Content Terms shall be presented beloe the “MahaRERA by uploading th same onthe MahaRERA Account ofthe ‘sd Projet bearing no. POLS0008282 Which wil at as constructive ote of the same to all Members, Ate and Puble at Large. All fonts expenses and charges inthis regard shal be solely horn by the Partnership Firm, ‘Respondent No.1 agrees and undertakes that no complaine would be "edd by thet member before ay Cour of Lave o buna ‘any Authority towards the Pending Work and/or procurement of Srsupancy Cori of te Scity ting anor delay in ‘Prosunement of Ccaparey Certs an If any such complaint : Gen oe‘made inthe future then the Soity wilindesmiy the Frm and/or its Partners agaist any less and/or damages which may arse on account of the same 1) The Society agrees and undertakes to be slly responsible and Hable forthe work which is done by them under these Caisent Terms and the Frm and/orit partners will no be ible forthe are \w) The Society an its members wil bring th present Consent Terms to the notie of any person/s who purchase any flat in the Society ing For obtaining the CFO NOC, the Fim has sendy ule an amount of Re B2L779 (Rupees fh Lakhs Twenty-Four thousand Seven ‘unre Seventy-Thre ony) from its Kotak Mahinda bank account, Kania! Gada hereby agress that upon execution of these consent terme, Rajendra Shah and Aruna Shah will bene to collectively withdraw an aggregate sum of Rs. 475.227/- (Rupees Four lakhs Seventy-five thousand Two hundred Twenty Soven onl) fromthe Kotak Mahindra bank account ofthe Fitn and appeopeate the ssmne towards the expenses alealy expended joint by them in obtalning {he said CFO NOC. The panes iterate and confirm thatthe sum of Rs. 130N000/- (Rupees Thien abs ony) which has been expended towards obtaining the CFO NOC wil be asounted for/apprupeated ‘in ther respective profit sharing atio's inthe accounts of the Firm, 1m viow of these present Consnt Terms, the dispute between the pastes ‘elating t© completion of the Pending Works and procusing. the (Occupancy Certicate of the rot stands amicably resolved and the Society shall not opiate andr pres fr any reliefs inthis regan hese Pending arbitration proceeding or in any othe legal preceding. ‘The Hon Chairman and Hon Secretary ofthe Society have execute the ‘Present Consent Terms onthe bss ofthe authority given to them inthe resolution passed by is Genel Body in its Emergency Special General Body Meeting held on 268 September, 2020 and 20H October, 20 and a Certied copy of the sald resins ae annexed as Annexure 1 2 = ae i ow eras bk‘The Parties further declare tha: they have signed the present Consent Terns by their fee will and without any coercion or undue influence being exerted upon ther, “The Parties agree to an interim aati terms ofthese Consent Terms ery to the parties to apply for Surber onder. Dated this 26 day of October, 220 TorShaad Apartment cats aysiadnnnrped Caiman (GhaverKaltan Drago) Hon, Chairman ofthe Society 7 (Sah. Stiyea) (Sebaetin Joseph Gonsalves) ‘Advocate for Claimant Hon, Secretary of he Society ay vai Adwoate forthe Solely Consited attorney of Rajendra A. Shah and Aruna R, Shah “ For MNO Lex ‘Advocates for Hajindrs A. Shah and ‘Aruna. ShahRECEIPT Tho Society has RECEIVED from the Firm the agreed lump-sum amount of Rs, 1000000/- les Rs, 150,00/- towards TDS (calculated 81.5%) aggregating Re 5850000/- (Rupees Ninety-Fight ikke Fity thousand ony) (Setemen Amount) to the Sacey, by chaque ded 268 October 2009 bestng no. 00757 “drawn on the Kotak Mahindra Bark Account f th Partnership Frm bet. raundor, Date this 268 day of October, 2000, For Sharad Apartment CHLS\L Gh yp (Shaver Kaitan Drago) Hon. Chalema ofthe Society {Sebaslan Joseph Gonsalves) Hon, Secretary of he Society ey Vat) ‘Advocate forthe Society esasAr 543174 \, (Rag ab UL 208 s 64 years, Indian Inebitant, bach Pat NO. 97.1.1. Road HO, 6, 08, M. Road, Gorcanon ‘ba: 400 062, SEND GREETINGS, SHEREAS. Mrugeth Rajendra Shab, Indian inhabieane, Atishne Apartment CHS Led Feeling a® Flat No, 702, 3 NO. 97, LT. Ross NO. 6, om Mo Reed, Coreguon (West, Mumba 400.1081 vessaig 2 9 anmava’? ees OID @1 *", ahr/loNioxn nx SHA aot re ARUNA RATENDERS “ominat, nates spot our en Mr. MRUQESKI rue end lawl "httraey” fat fr us and in our name ant de al ecu dete and things Sa connection wih te wforeoid legal proceedings fins equine wean in dur nae thaw ay ‘To signs veri, etal, ewear, affrm, declare, deliver, exscute, mae, record and peret all pleadinge including Waitten Statements, ‘Appeals, Reviews, Revislon, Applcstons, Authotiee, scrim Applications, setof, Counterclaim, Consent terms, Vakalatnemas and songs of even description as may be necessary to be signed, verted and ecuusd (Or the purpose of ula, sclons, arbitration proceedings, sions, references, appeals and proceedings of evexy kind whatsoever ‘efor any Court of Lew whether of Original, Appellate, Testamentary or Revisional Juriadletion or before any other Judicial Authority of Tribune! or ators and to deposi, withdrew and receive document from the court or ‘rom the partis tothe Suit either in execution of the deeree or otherwise and ‘ad deliver proper receipe for me and discharges forthe same and to do arancss and submit apeatons in any auch proceeding, 2. 72 apply for inspection and inspect documents and resorda, te obtain ‘opie of documents and papers ding giving of evidence on our baba Ze tw arbitration such ga prcedings and for that purge i ign NLweAY documents 4 say be rete as leo (eo al are and wen “Sets sush arbiradon proceedings and to exten ll power ind uth, herein the Attorney in wach Abizatlon proceedingsBroseckte, delend, epee, appen, posse tgs Bs ot ‘Srecusoe all ecdons, least procectngsincuting the sid 246 afos ay ‘dee, Magistmte, Courts, Tbunal o any ather judicial asthorigh i SERA by iw to Rear any ut oF proenng lating to the reas ‘ese sees or sosees or process end to ge evidence ip a rocetigs and posed t fudgmere ard extn im any euch Oeste associé eae a etre ty eneoton, ascine ssi ahervieeny deee foward in bur favour ang sls tn ‘pth uny such prosedings or demand aloesald to appoint setainers, ‘Acvocates, Atorneys anc plasdere and to ign and give Vella hescsseey suthortie and to revcke such retainers end ex To receive overy sum of moneys whateoerer which ow or es any wine hereafter may be ue to us and to appropriate the eam withou: ou conse with aowurance shat there lo no Ustitie and Income resein ufsuch ameunte 9. To defend any at, Appeal or iegal proctedinge taken ngtne: a ‘Wr oftew and todo a kets and tings ce are mentioned eaove, 10, Te aceepe sericea any Wile, of Suntan or other legs pesos nny sult oF legal! proceedings and any person to represent in such com ‘or ermal or ttbuaal or before any ofete or other Tbunal whetase-or 11. For the bette: doin, performing an executing al the maties « sored, We hereby further grt unio the sald Atomay fal pounce sbeolute authority to aubacute and appoint in hi or thai pees ene ‘#065 tate he or they shall think fe one or more Aétameys to exe-sne 2. any of the powers and authoriues heeby conferred and eo revehe ‘ppointment from time t ine and to nbn sn pace of each Attorneys as Stand proper. te oF appoint any other or ‘he said Atomeys shall fom time 2 22, Thi instrument isto be constr and interpreted as @ General owes 2 ‘Atorney. The enumeration of spent tern, a 8, tights er powere erin ot lit or rete: and 's net 22 be conttrued of interpreted ae tnkag pe gioI regs oN j 1) my oN AAS. nod tr removing any dot a the eve meaning otf 2 tthe engtruston = epplcaon oth power, eu en ect ci (ot nine at te sls fereby confer shal net ne suagfléons sre maiers ge are hatin expel mestoned staal is extndioany ote mateo wana ‘enone bad and ay be seguir to be exarapd in the course sll sete be done te secure our intereu inte aid proceedings, ‘nd I do herehy declare thatthe pooére and authoriies aad cere hereby confered upon the Attomey al be uv rae for exercise by hin “tring our absence es eaoat che eame tine and place slong with avec 'S. AND J hereby catify and confom for ourself anc covenst co ‘enim al and whetaoeves the sid Attre;/s hal nay do tone in oF about the orem by visue of 1 WITNESS WHEREOF we have hereunto sec end au ‘umibel cis aay of Ape, 2019 ‘GNED AND DELIVERED ty the ithinoamed MR. RAJENDRA A, SAH ‘withinsamed MRS. ARUNA R, SHage inthe presence of an. ty iv Sec Siete Atay Mr DROS Roa tet Ieentited by me; Nowy: Annex. ‘1! SHARAD APARTMENTS Co-operative Housing Society Limited. on, etna at Rago Red on (er, amb 08. 2th September 200, The Minutes ofthe Special General oy Mecing of Sharad Apartment CHS Lidl ‘on the 2th September, 20a pm soci Odie Refuge Aven, The llowing members wer presenti person 1) Me.8.K Drago, 2) Mrs C.K Drage. 8) Me Nitin fora. 4) Mr Sebtan Gonsalves, 5) Mes. isyaPrabhu ©) Mr. Bharat Bhatia (Asocate Mesmbe) 2) MeN. Femando, 8) Me-Ching hah 9) Me SP. Karkera 10)Me. EK Femando FOLLOWING MEMBERS PARTICIPATID ON VIDEO ‘CONFERENCING A°P, 200M 19S, Claet (301) Congregation of the Facscan Sse of the ‘)St Claret (1302) Presentation ofthe Bess Virgin Nay, Combate 15) Mr Sandeep Kolhe 1) Me. Rajeep Pa 15). Pana Taga 16)Mr Sachin Nayak 1T)Mr MK Chandrasekhar 18) Mes. Anasoya Nayak 19)Me. Ashok Kaenanga 20) Mex. Vial Malan, 21) Mes. Shilpa Wag, }‘The members requested Mr. K; Drago to tke the Chir and conduct the proceedings ‘The Hon, Charman called the meoting Wo oder afte verifying quorum ard eye {he Hon Secretary to fead the Notice Te Hon Setcary ser reading the Note requested the Charman to take up the Agena 1. The Chairman reminded the members tat the Arita Referncs involving the pprmerscf Akar Constructions andthe Society ae presnlly pending ajo [fore th Sole Arbitrator Ni Rahan Savant. The fn adjudication thecal say te 2. Inthe meanwhile, the constuction activites of the Socety building and Drocurenent of Occupansy Cortlcate and oer lated. dacument fe the Satutory authors remain pending Witns view to ev delay ln pace Society proposed 10 take over the bligation/ respons af M/S ake Construction and independently compete all raining pening work ae proce the Occupation Certificate and eter cranes ff any) in eapect of te ely Busing fom statutory authorities ia tine bound manner, suet to reecving amount of R 97/0000/- (Rupee Fity svt akon) rom Anbar Contact, 3. Aakar Construction has agreed to handover an amount of Rs 57.00 10/~ proved. the Society pases an appropriate ration by mors thee 75% maj ont Consent Tems to thiseffectae exceed the pending Artal References 4 The latest version of the daft Consent Tess i tabled anda copy thereof hal be made avsiabe to the meaner a thc: The be erm hee rennet by the Chairman today before the General Body nd the some Itc atte ty following amongst other matters (6) Alltemination notices with respect the Development Agrement ted May 2012 are null and void and/or withdrawn and the Development Agreement dated 9% May 2012 continues to remain subisting, valid and ‘indng on the parti (6) The Society as no right, tle or ineest or tn in respect of ‘unsol”Fa ‘Now 101 302 an 182 and the Fim and/or its partners are eto eal with the same in whichever manne hey are ened to del withthe sume. The Society shall admut the lat purchasers for these Mats a8 members of the Soxiety g Qa(© The Society sal ls admit the fat purchasers of ft nom. 1002 and 1501 ag ‘members the Society upon presamation aa proper agreement per ln. (the Society stall a the final adjdlation of Arba Reference give cet to ‘Askar consractions for payment/partpayment of an amount of Re 401000/- (upees Four lakhs ely) Now Tach Equipment Pvt Lat towards the stick parking system natal inthe Society uliing. The ‘Sect enfims that the Sole Arbrato wil give effet to this alstment in ‘he Final Award that may be pase in bth the arbitaton matters (6) The Society shall upon exccuton of the Consent Terms take over the hlgtion/rsponsibiity trom the Fim and/or its partners inceting those speed under RERA, 2016 and complete any anda the incomplete and ening Work t Sharad Aparerts a per lw and procure the Oxcupation ‘Carica for the Society bling on of bere 31 March 203. t all and Sina consideration of the ove, the Fim has handcd over the agrend unprsuim amount of Rs 570000/- (Rupees Fy Seven Lakhs only) (Seement Amount) tothe Socity, by RTGS/Pay Orde from the Kotak Mahindra Honk Account of the Patnership Firm bearing, no. 64184318, ‘whl amount as been daly rcevibythe Society. (6) Except forthe Settlement Amount m9 farther mounts hall be pays by the Firm and/or its partners tothe Society fr cotnpleting any an all the Incomplete and Pending Work as per law and procaring the Occupation Ceritcae forthe Society buktng. (6) The Society shall not be able vo retum any past ofthe Settlement amount after complying with all the Pending Conditions and procuring the Cccupation Cetisicate. Simiary, He Socisty will alsy not be eaied to demand any more amount rom the Fin n/or its partes foe complying ‘ith the obligations undertaken by then unde these Consent Terms(0) The Setement Amount shall nt adjusted with ny other claim oe counter claim fled by the society or He partners of Aakar Constracons. tis ‘expreslyaprod between the parts thatthe Sait shall not be Hable fo ay, from the said Sotiement Amount, the vendors/fiem of the Askar Constructions whose dues are oustanding in the looks ofthe Partnership le forthe sd Pej. (@ The Firm and/or its artes shall neither interfere the manne in which the Sodety compltes the Pending Work and procures the Orcupation Certificate nor demand any sttement of accounts showing how the Setlement Amouat hasbeen expended by the Sty 0 Upon execution ofthe Cinsant Terms, the statutory obligation of the Fim snd/or is parners to complete the Ptsing Work for Siarad Apartments sand obtin the Occupation Coriiate of the Society builng, sands Aischarged and taken over by the Secety and thereafter, it isthe sole responsibity and obligation of te Society complete any and all the Pending, Works and bain the Ocypation Certificate for the Society ‘eusktng (8) The Society shal execute ay documents which may be reuite in futur to ‘cord the taking ver of hese oblptons inthe records of RERA. A copy of ‘he present Consent Terms shal be presented to the MahaRERA by ‘ploading the same on the MahaRERA Account ofthe sid Project bearing ‘70, PSISQONIERD which will ct at constructive note ofthe same to all Member, Aliotees and Pubic at Lage. (0 The Society sprees and undertakes ht no complaint would be eased fled ly their member/s before any Court of Law or Titbuna or any thority towards the Pending Work and/or rocarement of Occupation Cetfcate of } Sethe Society busting and/or dla in completion of work or procurement of Occupation Cott and if ny such complaints made inthe ature, tin the Secey will indemnify the Fem and/or its partners against any loss ‘d/or damages which may arson acount of the same. (om) The Society shall solely responsible and ible fr the work which is ‘done by thm andthe Firm and/orits pares will nt be Babe for the same (0) Me Society and ts members wil ing th Consent Tees the notice of ‘ny person/s who purchase any fin the Society bulding (0) The Fm and its parr age fo rovide aatanc to the Sct, on bing spproached by them in writing, only for the purposes of ‘providing documentation whch may be required for caning. he Occupation Corts, : 5. The Chairman apprised the embers tht yp execution ofthe Consent Torn, the ‘izputes of the Society reli to completion ofthe Pending Wana tat pce le Occupation Certificate shal stand reed andthe Sotey halon eae ‘atte ant/o poss the same in any Cat of Lar and/or ale nel ae a devance or dims about the same andthe Society wil intemis Min nae onstruction and/or i pariers apt any cams loss of any nce at ‘maybe intiotd against the partnership fre partners y ay peor eee {be completion of the Panding Work andor the delay it any obtain fe (ecupation Cerificate and/or any oer mater related theta, {The Chairman further brouph othe ote of the members and presentes that as es the stipulation imposed ty the parterol Askar Constructions nthe ee ete Set is unable to complet pening ark in acconlance with In sea es Occupancy Cericate fr Sharad Aparmens cor belore i Macks Sst a Secety shall bible to pay Aakar Cansirctionsanl/or ts partnes a oe of 500/- per day fer each da’ delay til the tne the Ocupancy Carte Foal resid. I the delay sn acount of any act fone mafane edn eck wn del by the Sot/ Central Goverment asa revulsion ey, such tne will e excluded whist eaeulaing the perio po Sst Mash 50a the Society willbe ented toa appropriate stengonformed the manbers that dhe Society ad a its Special General Body Meeting dated T= August 2020 and at September, 2020 (rnc date as 1 August 213) passed certain resolutions with regard toting over of elligatins of M/s Aalar Constactons recovery of ertain amounts fr Aakar Constactions and admin certain fat purchasers as members ofthe Sec hich are now requinal to be with and replaced with 8 fesh resolute ‘wing to ea eros and incites therein, {To efrsh the memory of the memers in parila opal 10 the admission of «erin at parchases as members of he Seety the Chatrean expla tat op the terme othe Development Agreement date May, 20 exceed by fhe Seley with Aakar Constructions, persons purchasing, Fats fromthe fr se ‘omponcat vale with Aakar Cottons were to be amit as meme the Society upon the balding seeing a Occupancy Cerieas, Now tote ‘Society was contemplating taking over te obligations of completing the pending work ‘and procuring the. Cecupancy Cities independently fas deemed ‘Spproprate fo imunedstly obtain apprpriate No Objection trom the nes fat {ucla rth xr and adi cae mabe fe ley el a future aspotes an ligation. Parte, ia Keeping with inc of the condteny ‘imposed bythe purer of Aakar Cnstusion fo erecute the Consont Tern hee eons who subsequcny purchase ats nd oe trina Agrements wate as ‘Askar Consructions in relation to the uno fe sae Hats shal slo be rut te immetinely admited az members of the scety, subject. to falhing spproprne “Agreement in accordance with hw, ‘witeat tating, he Pavment/mecvery of any" smount/copcrie.tirrds’ maantanaee Sahay Application none, wae electrity mets deporte charges cr anyother escunts "at may ave Been paid by such purchsers fo Askar Consrotns aor After dissing the above isso tang ‘he Flowing Resolutions were pass 1. TIS RESOLVED THAT the Resolutions passed by the Society at its Specat Gener Body meeting held on 1 August 2000 and I Septet ado) (erroneously recoried ws 1% August, 2020) sand withdraton, delete end ach ff inthe entrety from the rcon of Soe. Props ty: Mr. Nii Borkar Seconded by: Mr SI, Ganealves Resolution carro unin 2, és soled thet naw lat buyers ou socety whose agreement are have bien executed and ‘registred (Flat no. R601 1905 10 and 140) re ‘oncondtioally anitied as membre of the Society without insisting JorPasmenyrecovery of any amount/deposits towards maintenance, share ‘application money. waterlcricty ameter depositdchrges ot ny other ‘mounts that may have been pad by such purchasers fo Achar Cohatbctone tort partners 1 is further resolved thatthe concerved flat purchasers who purchase any nso flats in Shara Apartments and particalyFlet No. 101, 1002 wid 1504, ‘hall be auimitied as members of the Socicty upon preseatatlon of appropriate Agreement without insisting for paymentfecavery of uny umounhe depots towards maintenance, share application ony, teatoyelectity ete Aeposttefcarges or any other amonnts that may hace Been pai by ead Immchasers to Maker Contractions andor i pattncs Proposed by: Me Bharat Bhai Seconded by: Me MT Fernando Resolution cae unanimously, ITIS RESOLVED THAT the contents of the Consent Terms are accrtable i ther entity to the members °f the Soketytnclng these persons we oe smite as members atthe prose eecting andthe Chain Me Shaver Ke Drago andthe Serctary Mr. Sebustian Gometves ar jointly muthorised trig ‘the Consent Terms on bol of he Society. AT Is FURTHER RESOLVED THAT the Chairman and/ the Sertery are jinty and severally authorised t0 sigh il documents including Contec ‘Application/coresponience ete, make necessary paronentsy del eth MEG, MabaRERA and otter such siteory na sor'et hee, sed se on ihe Jebshingscork tht may be repre or necessary jar completing the pending Work and procuring he Occupation Cette for Shared Aparticate™ Proposed by: Mi. Shipa Wagh ‘Scene y- Mr Nin Bora Resto carried unanimous “It Resolve that the Society uertaes to complete the Pending Work and ‘proce the Occupation Certfeate aed other sleurances from the shawtery uti on or before 31 March 2021 upon recip of a aanimum anno ‘Rs 5710000 (apes Fifty-Soos Laks Only) from We, hakar Constrrton, ‘and without seeking any further ameunts from the partners andr okar Sets ae1s further Resolved and accepted thatthe Society shall be Viable o pay as 9f Re SOO pr day to Ms Aaa Constructions andor ite panes te cee “the Society for any reason i nsucessfu tn staining Oreupaney Certificate for ‘Sharad Apartnente by Ot March 2021 1 is farther Resolved that wpon exciton ofthe Consent Terms, the disputes ‘the Society relating to completion of th Pending Works and procaring the Gceupation Create shall stand reveled and he, Sociely. shal not Ihencforth agitate and/or press the sant any Court of Law anor als wo ‘make any grievance or late about te same before any Joram 1 i also Resolved thatthe Society well sdemiy Mx. kar Construction ‘nifor its parters against any lain, oss or any proceedings that ay be ‘nite against the partnership fre or partners by any person tn relation to fhe completion ofthe Pending Work andr delay ordeal obtaining the Occupation Cerificate and/reny othr mater lated there Proposed by: Ashok Kannangar ‘Seonded UM VV. Malan Resolution cared unanimous. ‘The meting ended with vole of Thanks dhe Chae For and On behalf of SHARAD APARTMENTS C31S. LTD. Su kenge SK Drage, 1. Beste» on. Chena. Hon reaANNEX '2 SHARAD APARTMENTS Co-operative Housing Society Limited. ep NesBOMTBGAUNG ITD) 24th October, 200, “The Minutes ofthe Emergency General Body Mesing of Sharad Apartment CHS Lt hekt on the 2ith October 120 a prin Socey’s Oe Refuge Area ‘The allowing members were present in prs 1) Me-8.K Drago 2 Mrs C.K: Drago 5) Me Nita Bork. 4) Me Sebastian Gonsalves. 5) Mes Vijaya Prabha, 6) Me Bharat Bhatia (Associate Member) 2) Mr MI. Femando, 8) Mr Chirag shah 9) Me SP. Kaskers FOLLOWING MEMBERS PARTICIPATED ON VINEO. (CONFERENCING AFP. ZOOM 10)Me Kerman {1S Claret (1301) Congregation of he Francs Sister ofthe 12) Clare (1302 Presentation ofthe Ble Virgin Mary, Coimbatore 13) Me SandoepKolhe 1) Me Rajdeep Pat 19s Padma Thyagaraan 16) Mr, Sachin Nayak 1) Me. MK Chandresekbar 18) Mis. Anusuys Nayak 19). Ashok Kannangar 20). Vath Mahajan, 21)Mes Shilpa Wagh, ‘The members guested Me. 5. K, Drago to tae the Chair and conduct the proceings. ‘The Hon Chairman calle the meeting to ond after verifying quorum al raedthe Hon, Secretary to rend the Notice. The Hon Secretary afer rvding the Note ‘equsted the Chala take up the Agenda 1. The Chairman informed the members Uae the Resolution dat 26% September, ‘2020 pursuant to further negotiations and snectngs between the Stcety aed he partners of Askar Constructions, thas ben apse tat the Soity shall ake over {he obigation/responsibity of M/s Aakar Construction and independently comple al remaining pending, work al procure the Oxcepston Certfcne amd other clearances if an) tn respect ofthe Sotety Balding fom stattony ators in atime bound manner suljc #9 rcept of Rs 10001007 (Rupee One Crone nly) tom Askar Constuctons incuave TDS instead of the care apnend amount of Rs 5710,00/ (Rapes Fly Seren Las On) 2 The Increase in quantum of amount eared to cover certain ain scope of work which was unoresen eater a8 for payment of stamp dy, eteton charges and out of pocket expenses to be row bart by the Society for epeton ok the Agreement or Permanent Alternative Aesomnedaton in espect of Eat No.6 to be executed by the partners of Askar Castration: in favour of 8 socety 9 Ieisalso agreed that Tax Dadctd at Source on the sum of One Croce pid by Askar Constructions to the society sha be refunded by the Secsty to Akos Constructions afer filing of returns for th current financial yer by the Sit te (on o before 3" October 302 44 The propose consant tors tobe executed batween the Society an the patines of faskar Constructions also. now =yured to reflec the aforesaid tevioad ‘understanding and afresh resolute: muted to be posed by more than 75% majority of members of the Society. ie effect tthe revi understanding Involving receipt of higher amunts by Unsecery 5: Alter discussing the above lsue at length is obvious tat Resolution $ passed by ‘he Special Ganeral boy meting of the muety Belden the 20" September, BI (0 be replaced and after puting the mate to vot, the actly members hve noe decided to pas the following solution: Its Resoloed that he resolution No passl by the Special General Body meting of ‘the society held onthe 26% September, 2020 wthdesoweaneledretserack af from the cords ofthe society ‘The society now poses the lowing Resolute ss replacement for he aforesaid ‘Resolution No. passed on 25 September, 210)“tis Resolved that the Society undetakes to complete the Pending Work and procure the Occupation Certfcnte and other clearances from the statutory ‘tuthortes for the butding Shard Apartments on or tsfare 0th Apri, 203 ‘pom receipt of WS. L.0000000- Ghupees One Crore Onl) sujet To the ‘deduction of applicable TDS from M/s. Aokur Constactions end without Seeking ny further amounts from the partners and/or haar Conetrctions. A Porton of this amount nz. Rs. 2.01:00/ shal be wBlzed towards the stamp ‘uty, registration charges and out of pocke! expenses tobe incurred bythe Parnes of Aakar Construction forthe istration of Agreement for Permanent Altertise Accommodation for Fat Ne 22 11 is further Rezolod and accpted thet the Society shall be Kable to pay sume ‘of Rs S007 por day to M/s Anka Constructions anon its partners the eet {he Society for any reacon i neucsestfal in obtaining Occupancy Crifiete or ‘Sharad Apartment by 0th Api 2081 1 is further Resolved that npn execation ofthe Consent Terms, the disputes © ofthe Society lating to completion of te Ponting Works an procuring the Gceapation Certifinte shall stand rolved and fhe Solely shall not agitate ‘i/o ress the ame in amy Court of ate and/or also not mae nny rece ‘retains about theaame before any frum, 1 is also Resolved that the Society indemiice M/s. Atkar Construction ‘and/or ts partners against any clans, Tose ov ay proceedings that hay oe lntiated against the partnership firm or partner: by ony pers i eatin to ‘he completion ofthe Pendine Work mar dela or dsan't obtaining the Ocexpation Corficitefor'i iety Propose by: Mi. Ashok Kannangr ‘Seconded by Me Nitin Bork Resolution cred unanimowsly ‘The meting era witha vote of Thanks the Cai. a ee ut i oO skvnge 7 53. AbKcives Hon Chairman, Hos Mictary