Appeal and stay needed on eviction judgement of commercial arbitration petition
We have a shop in a CHS. Our CHS behind our Bach went for redevelopment in 2014 since it was us( one) against the rest and were getting 15%additional carpet, we did not challenge and contest the appointment. Now under various pretext for the delay the builder only got the development agreement registered in 2017 without any plans to be submitted for approval. He then sent us a drawing displaying our shop in a almost a year (2018)which we rejected due a big fat column right at the entrance. Then in almost 2 year in 2020 he sends us a letter informing that since new DCPR2034 is enforced he will rationally give just 10 sqft instead of the additional 43 sqft without considering the carpet area of the small or big shops. The difference is we are now getting only 5% instead of 15% and flat owners 22% instead of 35%. To top it during state enforced lockdown due to pandemic the sCHS committee members have passed resolution of special meetings for this matter with issuing any notice for the meeting and have manufactured documents as resolution to accept the revised offer without any PMC report. The society did not even consider to invite new offers under NEW DCPR 2034. NO supplementary agreement was signed. The builder approached court under commercial arbitration to get us evicted by court reciever given the neglected dilapidated condition of the building (very obvious) with the support of the society. The court went in their favour erring in the prima facie observation that we are stalling the redevelopment. Our plea is we have not signed any alternate agreement, redevelopment is collective but the finer details with regards to each member is individualized as result of the area of individuals property and subsequent incentive. It is obvious that the developer wants windfall profits hence the deception and collusion with comittee members. We have only the possession of the shop as leverage and bargaining power. If we give up on that we are hopeless. We will never get our original shop because of the absence of an alternate final agreement with the developer plus only a week till we get evicted. Our lawyer ( senior counsel) was limited in his knowledge of redevelopment and civil matter based on our observations in the arguments as our case was dismissed in just one hearing. We cannot afford to give up our possession, right to property, life and livelihood. We have to file appeal ASAP, but only if we have 100% chance. Comercial arbitration petition 129 of 2022