BEFORE THE LEARNED SOLE ARBITRATOR

MR. SHANAY SHAH

In the matter of Arbitration Between:
Subhash Nagar Surangi CHS LTD .... . Claimant

Versus

G.A Builders Pvt Ltd. .... Respondents

INDEX
Sr No. Particulars Page No
1. Application in reply on behalf of the 1-6
Claimant for inspection and photocopies of
document
2. Exhibit A 7-10
Compilation of documents
3. Exhibit B 11-15
Copy of letter dated 18th January 2023
addressed by the Advocates for the
respondent to the Advocates for the
claimant
4. Exhibit C 16
Copy of mail dated 18th January 2023 by
advocates for claimant to advocates for
respondent
 BEFORE Tl IE LEARN ED SOLE ARBITRATOR
MR. SHAN A Y SHAH
In the matter of Arbitra tion Betwee n:
Subhash Nagar Surangi CHS LTD .. ... Claimant

Versus

G.A Builders Pvt Ltd. . ... Respondents

APPLICATION IN REPLY ON BEHALF OF THE CLAIMANT FOR

INSPECTION AND PHOTOCOPIES OF DOCUMENT

I. This Present reply is filed by the Claimant in reply to the Respondents

application for inspection and photocopies of minutes of meetings of
General body as well Managing Committee maintained by the Claimant
Society.

2. The Claimant states and submits that the Respondents deposition in their
th
application filed for inspection and photocopies of documents, dated 9
Mar:ch, is irrelevant and ambiguous. The aforementioned application is
unconvincing and fails to provide facts to support their claim, rendering it
unpersuasive. We deny the claim and contention made by the respondent
in the application as they are untrue, unsubstantiated and baseless.

3. The Claimant states that complete inspection of the documents relied by

the Claima nt sodety in the above captioned matter has been granted by the
Advoca te for Claimant on 13 January 2023 to Ms. Viloma Shah and Mr.
th

Harsha d Vyas at the Bar Association, yd Floor of the Hon'bl e Bombay

High Court at 4.10 p.m. Hereto marked and annexed as Exhibit "A". On
I 8th January 2023, Advocate for the claimant received a letter from
 Advocate for Respondent requesting legible copies of the documents,
hereto marked and annexed as Exhibit "B", which was further provided to
the respondents vide mail dated 18 th January 2023. Hereto marked and
annexed as Exhibit "C" and also hardcopies of the same was provided to
the Advocate for Respondent on 19 th January 2023 . Pursuant to the
directions passed by the Arbitral Tribunal, inspection of the minute files
maintained by the Claimant Society was provided to Mr.Harshad Vyas,
Advocate for Respondent and Viraj Raiyani, Paralegal, at the Bar
Association, 3rd Floor of the Hon'ble Bombay High Court at 4:30 P.M.on
on 9th February 2023, to confirm that minutes of the meeting are being
maintained by the Claimant society in the form of file.

4. The Claimant states that Para No. 2,3,4,5,7 of the application filed by the
Respondent for inspection and photocopies of the document are a matter of
fact on record.

5. In response to Para No. 6, The Claimant states that Advocate for the
Claimant Society were in receipt ofletter dated 18th January 2023 addressed
by the Advocates for Respondent, calling upon to provide clear legible
copies of the illegible pages in the Compilation of document. Furthermore,
it is pertinent to note that the Advocate for the claimant furnished clear
legible scanned copies of the same through email dated 18th January 2023
and also produced legible hardcopies of the same in the Arbitration meeting
held on 19 th January 2023. Additionally, the Advocate for the Claimant
affirmed in good faith with Advocate for Respondent, if they needed any
additional copies, to which advocate for respondent raised no objection and
were satisfied with the same. As a result, complete inspection was granted.
 3
the course of
6. In response to Para No.8, Claimant states that during
ent of
arbitration meeting held on 20 January 2023 and whilst the docum
th

cate for
the claimant was being marked, it was put across by the Advo
at CHSL
Claimant to the Arbitral Tribunal that Subhash Nagar Kiran Samr
after, the
[Case I] maintains minutes of meetings in the fonn of files There
of the
Tribunal directed the claimant to grant inspection of the files
are being
aforementioned societies to confinn that minutes of meetings
Authentic.
maintained by the Claimant Societies in the fonn of file and are
Arbitrator,
Further taking upon the instructions of the Learned Sole
te file of
Advocate for the claimant provided inspection of the minu
th ary 2023.
aforementioned societies at a mutual convenient date i.e 9 Febru

made by
7. The content of Para No.9 is incorrect. An oral request was
file which
Advocate for the Respondent to grant only inspection of minute
question
was granted by Advocate for Claimant on 9 February 2023. Also,
th

ded in
of providing copies does not arise as copies are already been provi
the compilation of document relied upon by the claimant society.

states that an
8. The contents of Para No. 10 is incorrect. The Claimant
cate for
effective inspection of the minute files was provided by Advo
than two
claimant as directed by the tribunal for a sufficient time of more
and made
hours, wherein Advocate for Respondent thoroughly inspected
referred
notes for their reference. Moreover, copies o·f the minutes that are
in the
and relied upon by the claimant have already been provided
es raised
compilation of documents. Further, In response to the discrepanci
al that the
with respect to inspection, the Claimant reiterates it is quite natur
recording
age of the papers, the font, text size used and the manner of
they are
minutes may differ between minutes of various meetings as
ds are
maintained by whosoever present at the meeting. The society recor
limited
maintained by laymen, retired senior citizens who have very
of 24-30
resources at their disposal. Moreover, the society consists
members belonging to the Low-Income Group.
9· l n Response to Para No 11 , The advocates for Respondent in their letter
dated 27 th February 2023 falsely recorded that an effective inspection and
photocopies were not provided. Whereas, an effective inspection of minute
files was provided by Advocate for Claimant on 9th February 2023 for a
sufficient time of more than two hours wherein Advocate for Respondent
made notes for their reference. Also, copies of the minutes relied by the
claimant society have already been provided in compilation of document.
Further it is pertinent to note that inspection of minute file was granted on
th
9 February 2023 whereas letter stating that incomplete inspection was
provided and requesting for photocopies was sent on 27th February 2023
addressed to Advocate for Claimant, which is an afterthought, with an
intention to buy time and delay the arbitration proceeding.

10.The contents of Para No.12 is incorrect. Advocate For Claimant by its letter
dated 4th March 2023 placed on record, detailed explanation that it is quite
natural that the age of the papers, the font, text size used and the manner of
recording minutes may differ between minutes of various meetings as they
are maintained by whosoever present at the meeting. The society records
are maintained by laymen, retired senior citizens who have very limited
resources at their disposal. Moreover, the society consists of 24-30
members belongin~ to the Low-Income Group. The Claimant states that
Respondent is incorrectly interpreting the facts and wrongly twisting the
matter as it was accurately recorded that an effective inspection of minute
files has been provided and photocopies were furnished of the minutes
relied by the claimants in compilation of document.

1l.In response to Para No.13, The Claimant states that photocopies of

documents that are directly relevant and material to the proceedings relied
upon by Claimant Society have already been provided in the compilation
of documents, therefore the question of remembering and providing
photocopies of the documents that are irrelevant to the matter and not relied
by the Claimant Society doesn't arise.
 5
12. The contents of Para No.14 is incorrect. The Claimant states that inspection
of the minute file is complete as originals were compared to photocopy of
compilation of document by the advocates for respondent on 13th January.
As a result, the Respondents rights to have copies of the documents to be
inspected remains unaffected.

13.ln response to Para No 15, The claimant states that complete Inspection of
minute book/ minute files that are relevant and material to the proceedings
as well as for cross examination has been provided as directed by the
Arbitral Tribunal, so the question of Respondents impossibility to conduct
cross examination of the witness doesn't arise.

14. Accordingly, the Claimant prays as under:

(a) That this Hon'ble tribunal be pleased to pass an Order directing the
Respondent to proceed with the cross examination of the witness

(b) Reject the Respondents request for photocopies/Pennit to take

photocopies of the Minutes files maintained by the Claimant Society of
its General Body and Managing Committee Meetings that are not relied
upon by the Claimant in the captioned matter.

(c) Reject the respondents request that the evidence of the Claimant and its
witnesses in respect of society/managing committee resolutions be
Struck off /Ignored and also to reject the request to strikeoff the
resolution of the claimant Society from the record of these proceedings.
 .
(d) Dismiss the application filed by Respondent

(e) For costs; and

arbitral tribunal may deem

(f) For further and other reliefs as this Hon'ble
fit and proper.

Solemnly affirmed at Mumbai )

Dated this day of March 2023 )

Adv. Ria Jain

Advocate For Claimant

 \' I!

f:X. 1-ilBI T A

COMPILATION OF DOCUMENTS
PARTICULARS REMARKS
SR. NO. DATE
Original
I. 2nd January Abstract of the resolution
2023 passed by the Managing
Committee
th Development Agreement Certified Copy
2. 15 July 2009
Photocopy
3. 7 • November Power of Attorney
th
Incomplete document
2009
annexed to CoD
Respondent had requested
for complete copy of the
document. However, the same
has been provided.
pt June 2012 Offer letter issued by Mhada Photocopy
4.

151 October Leave and License agreement Photocopy

5.
2009 of Karunakar S. Suvarna
151 October Leave and License agreement Photocopy
6A
2009 of Sanjay R. Darole
6B 151 December Leave and License agreement Photocopy

2010 of Sanjay R. Darole

7A Bank Statement of Mr. Original Shown
Karunakar Suvrana First Passbook - Pages 145 to
156
Pages were not legible.
Respondent had requesed for
legible copy. However, the
same has been provided.

Second Passb ook- Pages 157

to 170
Legible copies of Pages
159, 161 and 163 requested.
However the same has been
provided.
Third Passbook - Pages
171 to 176
s Fourth Passbook - Pages
177 to 192

Fifth Passbook - Pages

193 to 196

78. Bank Statement of Arvind Original

Tawde

7C Bank Statement of Sainath Original

Padwal

8. 13th February Letter addressed by the Photocopy

2018 Claimant Society to
Respondent
9. 5th March 2018 Letter addressed by the Office copy along with
Claimant Society to original acknowledgment
Respondent shown
IO. 28th April 20 I 8 Letter addressed by the Office copy alongwith
Claimant society to the original acknowledgment
Respondent shown
I I. 151 May 2019 Minutes of Special General Original
Body meeting dated 20th April
2019
12. gth October Public Notice Extract from the Original
2019
newspaper shown

13. l 8th November Letter addressed by advocates Office copy

2019 for the Claimant to CEO,
Mhada
14. 27th July 20 I 9 Termination letter addressed Photocopy shown
by the advocates for the Respondent had requested to
Claimant to the Respondent provide R.P.A.D receipt.
However, the same has been
provided.
15. th
20 July 20 I 9 Minutes of the meeting of the Original
Special General Body meeting
dated 19th July 20 I9
16. 20th August Tender notice issued Original Newspaper
2020 in newspaper Respondent had requested the
Claimant to provide a legible
copy of the same. However,
the same has been provided
 gth Minutes of the meeting of Original
17. November
spec ial general body meeting
2020

I Ith November No Objection issued by Original

18.
2020 Deputy Registrar Mhada

19. )6th March !Complaint addressed by the P ffice Copy alongwith original
:Claimant to the senior acknowledgment shown
2021
Inspector of Po Ii ce, Chem bur
Police Station

20. 22nd March ~omplaint addressed by the Office Copy alongwith original
:Claimant to the senior iacknowledgment shown
12021
Inspector of Police, Chem bur
Police Station

Printout
21. 127th May 2021 !Order passed by the Hon'ble
Bombay High Court

Order passed by the Hon 'ble Printout

22. 18th June 2021
Bombay High Court

Original shown
23. 18th August !Offer letter from Mhada alongwith
payment receipt Incomplete document annexed to
12021 he CoD as internal page nos. 8
~nd 9 is not there. Respondent had
requested to provide complete
K:opy of the same. However, the
same has been provided
Letter addressed by MCGM to the Original
24. I Jlh November
12021 t laimant

Intimation of Approval issued by Original shown.

25. 121st December
Building permission cell, Greater :c:opy annexed to CoD not legible.
2021
Mumbai Respondent had requested for
legible copy of the same. However,
~he same has been provided
26. 301h April 2021 Letter addressed by the advocates Original
for the Respondent to the
Claimant seeking appointment of
!Arbitrator

27. )01h May 2021 Letter addressed by the Original shown.

Respondent to Claimant Respondent had requested to
provide R.P.A.D receipt and
tracking report. However, the same
has been provided.

28. 241h January Fonn of Declaration of result of Original

2022 uncontested elections

29. 30lh January Minutes of the newly elected Original

~022 managing Committee
meeting

30. JSI February Minutes of the special Original

2022 General Body Meeting

3 I. 151 February Order passed by the Hon'ble Printout

2022 Bombay High Court

32. 101h February Order passed by the Hon'ble Printout

2022 Bombay High Court

33. J81h February Plinth Commencement Original

12022 Certificate

34. r? th March 2022 Excavation Pennission granted by Original

the office of Additional Collector
Mumbai Suburban District
35. 14th March Maharera Registration certificate Printout
12022
 ,, n "
£;< HI l3 1T o
AVP PARTNERS I I
Advocates & Solicitors

BY EMAIL/R.P.A.D
AVP/70/2023
181h January 2023
To,
Ms. Ria Jain
Advocate for the Claimant
803, Lilum CHSL, Building No.16,
Vasant Oasis, Maro) Makwana Road,
Andheri East, Mumbai - 400059

Dear Madam,

Re: Before The Ld. Sole Arbitrator,

Mr. Shanay Shah
In the matter of arbitration between:
Subhash Nagar Surangi Coop Housing
Society Limited ... Claimant
Versus
G.A. Builders Pvt. Ltd. . .. Respondent
---------------------------------------------------------------------------------

We are concerned for our client, G.A. Builders Pvt. Ltd. the Respondent in the captioned
matter.

Pursuant to the date and time fixed for inspection, our Ms. Viloma Shah and Mr. Harshad
Vyas attended the Bar Association at the 3rd floor of the Hon'ble Bombay High Court on
17th January 2023 at 5.25 p.m. Inspection of the documents was granted by you alongwith
Ms. Madhumita Sureshbabu and Ms. Katyani Pandey.

At the outset, we referred to the compilation of the documents served upon us in the
above matter on 5th January 2023 and enquired with you if any further documents were
to be referred to and relied upon by your client apart from those contained in the
compilation of Documents. You informed us that the compilation of the documents were
the only documents referred to and relied upon by your client in the above matter and
that your client will not be referring to and/or relying upon any other or further
documents.

We further enquired whether your client had filed all their affidavits of evidence in
st
accordance with the directions of the Arbitration Tribunal dated 1 December 2022 or if
the evidence of any other witness remained to be lead by your client. You clarified that
you I your client would only be leading the evidence of Mr. Arvind Tawade in the
captioned matter and that there were no other witnesses on behalf of the Claimant.

th
We further request Mr. Arvind Baliram Tawade to remain present on 19 January 2023,
before the Ld. Sole Arbitrator for marking of the documents.

301, 3rd floor Jel,anoir Buildino. 133, ~fahatma Gandhi Road, Fo1t ~lumbai 400001. i: 022-2267 3988 /22672513
\V AVP PARTNERS
Advocates & Solicitors

.
Kindly
• t'
note, our observations with respect to the mspec 10n °
f the documents is as
follows:

COMPILATION OF DOCUMENTS
SR. DATE PARTICULARS REMARKS
NO.
l. 2nd January Abstract of the resolution Original
2023 passed by the Managing
Committee
2. th
I 5 July 2009 Development Agreement Certified Copy
3. 7th November Photocopy
Power of Attorney
2009 Incomplete document
annexed to CoD
Respondent had
requested for complete
copy of the document.
However, the same has
not been provided.
4. pt June 2012 Offer letter issued by Mhada Photocopy

5. pt October Leave and License agreement Photocopy

2009 of Karunakar S. Suvama
6A pt October Leave and License agreement Photocopy
2009 of Sanjay R. Darole
6B pt December
Leave and License agreement Photocopy
2010 of Sanjay R. Darole
7A Bank Statement of Mr. Original Shown
Karunakar Suvrana First Passbook - Pages
145 to 156
Pages not legible.
Respondent had requesed
for legible copy.
However, the same has
not been provided.

Second Passbook - Pages

157 to 170
Legible copies of Pages
159, 161 and 163
requested. However the
same has not been
provided.

301 3rd floor Jehanoir Buildin 133, ~lahatma Gandhi Road, Fort, Mumbai 400001. i: 022-2267 3988 /2267 2513
 AVP PARTNERS
Advocates & Solicitors

Third Passbook - Pages

171 to 176

Fourth Passbook - Pages

177 to 192

Fifth Passbook - Pages

193 to 196

7B.
Bank Statement of Arvind Original
Tawde
7C. Bank Statement of Sainath Original
Padwal
8. 13th February Letter
addressed by the Photocopy
2018 Claimant Society to
Respondent
9. th
5 March 2018 Letter addressed by the Office copy along with
Claimant Society to original acknowledgment
Respondent shown
10. th
28 April 2018 Letter addressed by the Office copy alongwith
Claimant society to the original acknowledgment
Respondent shown
11. st
1 May 2019 Minutes of Special General Original
Body meeting dated 20th
April 2019
12. 8th October Public Notice Extract from the Original
2019 newspaper shown
13. 1gth November Letter addressed by Office copy without any
2019 advocates for the Claimant to acknowledgment shown
CEO, Mhada
14. th
27 July 2019 Termination letter addressed Photocopy shown
by the advocates for the Respondent had
Claimant to the Respondent requested to provide
R.P.A.'D receipt.
However, the same has
not been provided.
15. th
20 July 2019 Minutes of the meeting of the Original
Special General Body
th
meeting dated 19 July 2019
16. 20th August Tender notice issued m Original Newspaper
2020 newspaper Respondent had
requested the Claimant to
provide a legible copy of
the same. However, the

JOI. Jrd floor Jehanoir Buildino. m, \lahatma Gandhi Road. Fo1t '1umbai 400001. i: m-1267 J98~ 111671m
 AVP PARTNERS
Advocates & Solicitors

same has not been

provided
r--
gIh
17. November Minutes of the meeting of Origina l
2020 special general body meeting
18. l 11h November No Objection issued by Original
2020 Deputy Registrar Mhada
-
19. 16th March Complaint addressed by the Office Copy alongwith
2021 Claimant to the senior original acknowledgment
Inspector of Police, Chembur shown
Police Station
20. 22nd
March Complaint addressed by the Office Copy alongwith
2021 Claimant to the senior original acknowledgment
Inspector of Police, Chembur shown
Police Station
21. 27Ih May 2021 Order passed by the Hon'ble Printout
Bombay High Court
22. 18th June 2021 Order passed by the Hon'ble Printout
Bombay High Court
23. 18th August Offer letter from Mhada Original shown
2021 alongwith payment receipt Incomplete document
annexed to the CoD as
internal page nos. 8 and 9
is not there. Respondent
had requested to provide
complete copy of the
same. However, the same
has not been provided
24. 11 th November Letter addressed by MCGM Original
2021 to the Claiman t
25. 2151 December Intimation of Approval Original shown.
2021 issued by Building Copy annexed to CoD
permission cell, Greater not legible.
Mumbai Respondent had
requested for legible
copy of the same.
However, the same has
not been provided
26. 30th April 2021 Letter addressed by the Original
advocates for the Respondent
to the Claimant seeking
appointment of Arbitrator
27. 20th May 2021 Letter addressed by the Original shown.
Respondent to Claimant Respondent had
requested to provide

or Jehanoir Buildino, 133 Mahatma Gandhi Road. Fort, Mumbai 400001. i: 011-2167 3988 Ill611513
 AVP PART NERS /s-
Solicitors
Advocates &

R.P.A.D receipt and

tracking report.
However, the same has
not been provided
28. 24th January Fonn of Declaration of result Original
2022 of uncontested elections
29. 3Qth January Minutes of the newly elected Original
2022 managing Committee
meeting
30. pt February Minutes of the special Original
2022 General Body Meeting
31. pt February Order passed by the Hon'ble Printout
2022 Bombay High Court
Order passed by the Hon'ble Printout
32. IQth February
2022 Bombay High Court
18th February Plinth Commencement Original
33.
2022 Certificate
Permission Original
34. 7th March 2022 Excavation
granted by the office of
Additional Collector Mumbai
Suburban District
Registration Printout
35. 14th March Maharera
2022 certificate
Statement of rent due Not provided
36.
Statement of Liquidation of Not provided
37.
damage due
Statement of additional Not provided
38.
losses/ reimbursement of
expenses and cost incurred
Statement of Compensation Not Provided
39.
for severe inconvenience and
hardship

to provide clear legible copies of the illegible

In view of the above, we here call upon you
ection remains incomplete.
pages and we have to inform you that the insp

Yours truly,
For Mis . AVP Partners

Partner
Encl: As above
Cc.: G.A. Builders Pvt. Ltd
bai ➔00001. i: 022-22673988 /2267 2513
301. 3rd floor Jehan°ir Buildino, 133, ~lahatma Gandhi Road. Fort. Mum
 3/25/23, 1:35 PM Gmell - Case no. 4- Subhesh Nager melter
\ 1 r II
fXHl/ 3 1T '--'
M Gmail Ria Jain <advocate.rlajaln@gmall.com>

Case no. 4- Subhash Nagar matter

1 message
Wed, Jan 18, 2023 at 6:58 PM
Ria Jain <advocate.riajain@gmail.com>
.com>, viloma shah <viloma.shah@avppartners.com>
To: HARSHAD VYAS <harshad.vyas@avppartners

Dear Harshad,
compilation.
I am attaching the scanned copies of the documents which were not legible/ missing from the

Regards,
Ria Jain

7 attachments

~ bldg 37- serial 7- pg 159.pdf

333K

~ bpdg 37, serial 7- pg 145( bankstatement).pdf

603K
~ bldg 37 serial 26( receipt, Tracking).pdf
574K
~ big 37-14( only receipt.pdf
765K
~ big 37 • serial 23( pg 8 &9).pdf
1870K
~ bldg 37- serial 7- pg145,159, 161,163.pdf
2280K
~ bldg 37- serial 25 ( IOA).pdf
2634K

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hlips ://mail. google .com/mail/u/0/?ik=c05fd 79d 1f&view=pt&search=all&permthid =thread-a:
 BEFORE THE LEARNED SOLE
ARBITRATOR
In the matter of Arbitration Between:
Subhash Nagar Surangi Co-operative
Housing Society Limited ... Claimant

Versus

G.A Builder Pvt.Ltd. . .. Respondent

APPLICATION IN REPLY ON BELAHF OF

THE CLAIMANT FOR INSPECTION
AND PHOTOCOPIES OF DOCUMENTS

Dated this 27th day of march 2023

Adv.Ria Jain
702, Tulsi Meadows,
Near Uttam Society,
Chembur, Mumbai-400071 .
Registered No:MAH/2025/2021
Mobile:9833153311
advocateriajain@gmail.com