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Shopper's Stop Limited - Securities and Exchange Board of India

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The Resort ,a division <strong>of</strong> K. Raheja Corp. Pvt. Ltd. have issued notices through their<br />

Advocates dated 3/2/2004 to Entertainment Concepts <strong>India</strong> <strong>and</strong> Mr. Francis Faria for<br />

deficiency in rendering <strong>of</strong> service by Entertainment Concepts <strong>India</strong> to The Resort on the<br />

night <strong>of</strong> 31/12/2003 in respect <strong>of</strong> the Entertainment Program Shows organized by them.<br />

The company is claiming a sum <strong>of</strong> Rs. 10 Lakhs as damages on account <strong>of</strong> loss <strong>of</strong><br />

reputation / goodwill, loss <strong>of</strong> future guests, mental loss, frustration etc from them. The<br />

matter is pending.<br />

Capstan Trading Co Pvt. Ltd. <strong>and</strong> Ferani Hotels Ltd <strong>and</strong> Apna Sahakari Bank Ltd.(<br />

Matulya Centre Premises)<br />

The company Capstan Trading Pvt. Ltd., a promoter company , was owner <strong>of</strong> premises<br />

being Unit No. 1 on the 1 st Floor <strong>of</strong> a building known as Matulya Centre ‘C’ located at<br />

Lower Parel, Mumbai in accordance with the Ownnership Agreement dated 30 th<br />

November, 1996 executed between the company <strong>and</strong> Ferani Hotels Ltd. the builders <strong>of</strong><br />

the said Property. The said Agreement has been duly registered.<br />

The said Premises were sold by the company to Apna Sahakari Bank Ltd. vide Sale deed<br />

dated 30.12.2002 executed between the company <strong>and</strong> the said Bank<br />

A Cooperative Society <strong>of</strong> the owners <strong>of</strong> various units in the said Building (Matulya Centre<br />

Wing ‘A’,‘B’ <strong>and</strong> ‘C’ ) was formed in May, 2002 wherein the company’s name was not<br />

entered as a member <strong>of</strong> the society <strong>and</strong> no share certificate has been issued to the<br />

company. Instead the company received a letter dated 26.3.2003 from the society stating<br />

that the said premises were unsold <strong>and</strong> that the society had issued share certificate in<br />

respect <strong>of</strong> the said premises in the name <strong>of</strong> the builders viz. Ferani Hotels Ltd. since as<br />

per the contention <strong>of</strong> the builders, the company Capstan Trading Pvt. Ltd. was yet to<br />

comply with certain obligations under the Ownership Agreement dated 30.11.1996.<br />

Pursuant to the company’s application to the Registrar <strong>of</strong> Cooperative Society for<br />

admission <strong>of</strong> the company as a member, the Registrar has forwarded to the Society, the<br />

company’s application for membership with a direction to consider the same as per the<br />

Byelaws. The society has rejected the said application <strong>of</strong> the company for membership on<br />

the ground that in Suit No 2118 <strong>of</strong> 2003 filed in the Bombay City Civil Court by Apna<br />

Sahakari Bank Ltd against the Society, it has been held that the the said Bank has<br />

purchased the said property from the company which is not the legal owner.<br />

However the company was never made a party to the above Suit. The company intends to<br />

file a suit in an appropriate court for membership <strong>of</strong> the society <strong>and</strong> issue <strong>of</strong> share<br />

certificate in the company’s name.<br />

Against the Promoters<br />

A) Pending Arbitration Proceedings<br />

Arbtrn<br />

Suit No.<br />

/ Petn.<br />

No.<br />

Arbitratio<br />

n<br />

proceedi<br />

ngs<br />

Before the Ld. Arbitrator Mr. Justice Pendse(Retd)<br />

Unique Estate Development Co. Ltd. vs. Ch<strong>and</strong>ru Raheja,<br />

Dat<br />

e<br />

April<br />

15,<br />

200<br />

2<br />

Claimant<br />

/ Plaintiff<br />

/<br />

Petitione<br />

r<br />

Unique<br />

Estate<br />

Develop<br />

ment Co.<br />

Ltd. & 3<br />

others<br />

Respon<br />

dent /<br />

Defenda<br />

nts<br />

Ch<strong>and</strong>ru<br />

L.Raheja<br />

(in his<br />

capacity<br />

as the<br />

Karta <strong>of</strong><br />

Ch<strong>and</strong>ru<br />

L.<br />

Raheja<br />

HUF) ,<br />

Ivory<br />

Propertie<br />

s <strong>and</strong><br />

Hotels<br />

Pvt. Ltd.,<br />

Casa<br />

Maria<br />

Propertie<br />

Name <strong>of</strong><br />

the Court/<br />

Arbtrn.<br />

Panel<br />

Learned<br />

Sole<br />

Arbitrator<br />

Mr. Justice<br />

Pendse<br />

(Retd.)<br />

248<br />

Nature <strong>of</strong> case<br />

Proceedings filed by<br />

members <strong>of</strong> GL Raheja<br />

Group for dissolution <strong>of</strong><br />

K Raheja<br />

Development<br />

Corporation (‘KRDC’) , a<br />

partnership firm<br />

Several interim<br />

applications have been<br />

filed by the GL Raheja<br />

Group, CL Raheja<br />

Group <strong>and</strong> the Menda<br />

Group in these<br />

proceedings for reliefs<br />

pending the hearing <strong>and</strong><br />

final disposal <strong>of</strong> the<br />

matter.<br />

Amt under<br />

Consideratio<br />

n<br />

Amount would<br />

be determined<br />

only upon<br />

accounts <strong>of</strong><br />

KRDC being<br />

taken<br />

Status<br />

Matter is at trial<br />

stage.<br />

Mr. S<strong>and</strong>eep<br />

Raheja (son <strong>of</strong><br />

Gopal Raheja)<br />

has filed his<br />

affidavit evidence<br />

on behalf <strong>of</strong> the<br />

GL Raheja<br />

Group. Mr.<br />

S<strong>and</strong>eep Raheja<br />

has been cross<br />

examined by the<br />

CL Raheja Group<br />

<strong>and</strong> the Menda<br />

Group.

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