Ravinder Kumar Bran v. Anil Saini

1. In the constructed building in question admittedly the second floor has now been sold by a registered sale deed in favour ofMr.Rajiv Jain and Mrs. Sonia Jain who are nominees ofthe Respondentin terms ofthe collaboration agreement between the parties. The Upper ground, the third floor and the terrace rights are with the Appellant.

2. It is not in dispute that the application for regularization has to be made forthe entire building to the North Delhi Municipal Corporation('NDMC'). Since the Appellant himselfis the ownerof a substantial portion ofthe Arb.A.No.4of2015 p^ggjgfj 2015:DHC:11786 Building, in which the second floor is owned by Mr. Rajiv Jain and Mrs, Sonia Jain, the Appellant himself is keen to ensure that the building gets regularized in terms ofthe applicable bye-laws ofthe I^MC.It is in the interests ofallthe partiesthatthey cooperate and submitthe necessary forms for obtaining the regularization and thereafterthe completion certificate.

3. The said requisite documents which have to be submitted for f regularization are at present with the Respondent. After hearing learned counsel for the parties,it is directed thatthe Appellant will sign the requisite application form ofthe NDMC for regularization,and append a note that the second floor has been sold to Mr.Rajiv Jain and Mrs. Sonia Jain. A further note be added that they will also sign the said application ifso required by the NDMC. A separate letter to that effect from Mr. Rajiv Jain and Mrs. Sonia.Jain will also be appended to the completed application form signed by the Appellant. The aforementioned signed form for regularization together with the notes as aforesaid,shall be submitted to the NDMC within a period often days from today. All parties will co-operate to ensure that thistime-schedule is strictly adhered to. Arb.A.No.4of2015

4. As already agreed between the parties, and recorded by the learned Arbitratorinthe order dated 20^^November 2012,the Respondent will apply for the completion certificate after the regularization is obtained. Till then the fixed depositreceipt('FDR')already released to the Respondent will not be encashed and will be keptrenewed by him.A copy ofthe FDR which has been released, shall be deposited by the Respondent with the Delhi International Arbitration Centre('DAG'). It will be encashed only after the learned Arbitrator being informed that an application for completion certificate has been submitted by the Respondent. f

5. The appeal is disposed ofin the above terms.Order be given dasti.