IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
COMM. ARBITRATION APPLICATION NO. ___ OF 2023
Dist. MUMBAI
In the matter of Section 11 of the
Arbitration and Conciliation Act, 1996
AND
In the matter of Clause 18 of the Agreement
for Development dated 10th March, 2013
(since terminated).
Xpert Constructions Limited )
)
605, Trade Centre, Bandra Kurla Complex
)
Bandra (East), Mumbai 400051 … Applicant
Versus
Aakash Gupta )
Samir Complex, 1st Floor, St. Andrew’s Road, )
Bandra (West), Mumbai 400050 ) … Respondent
TO,
THE HON’BLE CHIEF JUSTICE AND OTHER
PUISNE JUDGES OF THE HON’BLE COURT
THE HUMBLE PETITION OF
THE APPLICANT ABOVE-
NAMED
MOST RESPECTFULLY SHWETH:
1. The present Application is filed under Section 11 of the Arbitration and Conciliation Act,
1996 for appointment of an Arbitrator in terms of Clause 18 of the Agreement for
Development dated March 10, 2013 between the present Parties. (hereinafter referred to as
‘the said Agreement’). The said Agreement has been terminated by the Applicant vide
Advocate’s Termination Notice dated April 3, 2023.
2. The Applicant states that Clause 18 of the said Agreement which states as under:
“It is agreed between the parties hereto that any dispute or differences which may arise
between the parties hereto as to performance or non-performance or terms of performance
or validity, termination, abandonment or cancellation of this Agreement for Development
and interpretation of Terms of this agreement for development and all the questions which
may arise ancillary and incidental thereto shall be referred to arbitration of three
Arbitrators. XCL and AG shall appoint one Arbitrator each and the said Arbitrators shall
appoint a third Arbitrator and the Arbitration shall be in accordance with the provisions of
Arbitration & Conciliation Act, 1996 or its amendment or re-enactment thereof as the case
may be and the venue of Arbitration shall be at Mumbai.”
3. At the outset, the Applicant states that it has filed a Commercial Arbitration Petition No. 1267
of 2023 u/s 9 of the Arbitration and Conciliation Act, 1996 (hereafter “the Act”), before this
Hon’ble Court against the present respondent seeking, interalia, certain interim and ad-interim
reliefs in relation to the willful breaches and non-performance thereof by the Respondent
pertaining to the said Agreement dated March 10, 2013 which led to the Applicant
Terminating the said Agreement vide its Advocate’s Notice dated April 3, 2023 on the grounds
and reasons as more expressly set out in the said Petition. The Applicant repeats and reiterates
what is stated in the Commercial Arbitration Petition No. 1267 of 2023 and craves leave to
refer to and rely upon the papers of the same as and when produced. The said Petition is
presently sub-judice before this Hon’ble Court.
ABOUT THE DEVELOPMENT AGREEMENT BETWEEN THE PARTIES, THE
PROJECT AND NATURE OF RIGHTS AND OBLIGATIONS OF PARTIES IN A
NUTSHELL:
4. The brief facts relevant for the purposes of the present petition are as under:
a) The Applicant is a Private Company registered under the Companies Act, 1956 and is
engaged interalia in the business of undertaking various slum redevelopment and
construction projects, (herein also referred to as ‘XCL’). The Respondent is also carrying
on the business of development of real estate (herein also referred to as ‘AG.’)
b) The disputes between the parties surround themselves around the redevelopment of a
slum property which was occupied by the members of Janta Co-Operative Housing
Society (hereinafter referred to as ‘the said Society’) and bearing C.T.S. No.1248 (Part)
of village Andheri. The land on which the said slum existed belongs to MHADA
(hereinafter referred to as ‘the said property’). The Applicant says that the society of the
slum dwellers had earlier appointed M/s. Mittal Properties & Investments, a partnership
firm (hereinafter referred to as ‘Mittal’) as Developers.
c) By Development Agreement dated October 06, 2002, the Society appointed Mittal as a
Developer for the said project inter alia with obligation to construct 120 rehab tenements
and 40 tenements for Project Affected Persons (“PAPs”) free of charge and to develop
and dispose of balance areas utilizing the FSI, which may be available on the said property
for the consideration and on the terms as set out therein. The Applicant craves leave to
refer to and rely upon the Agreement dated October 06, 2002 as and when produced.
d) However, Mittal was not able to discharge its obligations for such Development and
therefore, the said Society, with the consent of Mittal, appointed the Applicant as the
Developer in place of Mittal and thus, by an Agreement for Sub-Development dated
September 22 2012, Mittal Properties, with the consent of the said Society, transferred
the benefits of the development rights in respect of the said project to the Applicant,
retaining to themselves, rights to built-up saleable area of 15000 sq. ft. As per the said
Agreement, the Applicant undertook the obligation of constructing 120 rehab tenements
and 40 PAP tenements and also undertook to construct buildings by utilizing free sale FSI
and to construct in utilization of the rights retained by Aurora and to handover 15,000 sq.
feet saleable built-up area to Aurora. Aurora also agreed to pay Rs. 600/- per sq. ft. to the
Applicant towards construction cost for the same. The Applicant craves leave to refer to
and rely upon the Agreement for Sub-Development dated September 22, 2012 as and
when produced.
e) The Applicant states that redevelopment of the said property was under Development
Control Regulation (DCR) 33(10) pursuant to Letter of Intent dated April 08, 2005 (LOI
No. 1) and Revised Letter of Intent dated February 06, 2011 (LOI No. 2). Thereupon, the
Applicant and the said society submitted necessary documents to SRA and all necessary
permissions / sanctions were transferred to the name of the Applicant as the Developer
on the record of SRA.
f) On the basis of such permissions / sanctions granted by SRA, the Applicant started
development activity on the said property for construction of Rehab Buildings and the
Applicant completed construction of Rehab building No. 1 comprising Ground + 4 upper
floors for 65 members and obtained the Occupation Certificate for the same on May 10,
2017, and the Rehab Building No.2 comprising Ground + 3 upper Floors for 55 members
was constructed and Occupation Certificate was obtained on September 16, 2018. The
Applicant thus completed rehab buildings with a total of 120 tenements.
g) In or about the year 2012, the Respondent showed his interest and readiness and
willingness to act as contractor to construct the sale buildings on the said property and
thereupon, after negotiations, the said Agreement dated March 10, 2013 was entered into
between the Applicant and the Respondent, in relation to the project named ‘Sea View’
at Survey No. 168, situated at Four Bungalows, Andheri-Versova Link Road, Andheri
(West), Mumbai 400058 (hereinafter referred to as ‘the said project’) specifying the
terms and conditions thereof. The Applicant appointed the Respondent as a contractor for
carrying out construction activities of sale buildings on site and in lieu of the costs and
expenses etc. of the construction of the sale buildings. Hereto annexed and marked as
Exhibit “A” is the said Agreement dated March 10, 2013.
h) The Applicant committed to obtain free sale development of at least 16,520 sq. mtrs. with
a possibility of increasing the same to 21,386.255 sq. mtrs. or more subject to approval
by the authorities in the manner set out in the said Agreement. The Applicant retained
with itself rights to 45% of the construction potentiality, up to 21386.255 sq. mtrs.
together with exclusive rights to the area in excess thereof and the Applicant agreed to
give 55% share to the Respondent in the FSI upto 21,386.255 sq. mtrs.
i) It is pertinent to note that the applicant appointed the Respondent only as a Contractor for
carrying out construction activities and in lieu of the costs and expenses etc. of the
construction of the sale buildings. The Applicant agreed to give / part with 55% share to
the Respondent in FSI as defined in the Letter of Intent dated 6th February 2005 issued by
SRA. As per the said LOI dated February 06, 2005, the Free Sale FSI was 16,520 sq.
mtrs. (recital ‘w’ of the said Agreement at Exhibit ‘A’ hereto).
j) As per the said Agreement, the Respondent agreed and undertook the obligation to
construct the said built up area at his own cost and the built-up area with parking upto the
construction of 21,386.255 sq. mtrs. to be distributed between the Applicant and the
Respondent as under:
i. The Applicant retained for itself the right to 45% of the total built up area in the free
sale building and car parking spaces.
ii. In lieu of construction of the obligation to construct all the sale buildings, the
Respondent was given the balance 55% share of the total built up area, upto
21,386.255 sq. mtrs., in the free sale building and car parking’s.
iii. The Respondent also agreed to pay the Applicant, Rs. 4 Crores as Interest Free
Refundable Deposit to be refunded by the Applicant to the Respondent within a
period of two months after the Applicant obtaining Occupation Certificate in respect
of 45% area
iv. The Applicant represented to the Respondent that the Applicant is planning to include
the property mentioned in Second, Third and fourth Schedule to the area under the
Slum Scheme, by which the Area of plot will increase from 10,700 sq. mts. to 12,334
sq. mts. subject to the approval of SRA. The said method to obtain the additional FSI
over and above 16,520 and upto 21,386 sq. mts. is described in the Table to recital
‘v’ of the Agreement
v. It was also agreed between the parties that the if any additional FSI is available over
and above FSI of 21,386.255 sq. mtrs. for the Free Sale Component Area, then the
same shall belong to the Applicant alone.
vi. In terms of clause 3 (d) of the said Agreement, Construction of the said additional
FSI would be carried out by the Respondent at his own costs; however, the Applicant
shall have to reimburse the construction cost of the same to the Respondent herein.
The said additional FSI area would be added to Applicant’s area.
vii. As per clause 6 (iii) of the Agreement, the Applicant was obliged to construct 40 PAP
to be constructed and handed over to the SRA and admittedly 38 PAP are already
completed.
viii. Under clause 6 (xxxi) of the Agreement, if any additional FSI is available on the said
property over and above FSI mentioned in LOI (of 2001), upto 21,386.255 sq. mtrs.
then and in that event, the same will be developed by the Respondent and the parties
will be entitled to constructed area in the proportion and on the same basis as
recorded therein.
ix. Under clause 7 (c) of the said Agreement, the Applicant is entitled to independently
sell, transfer, give on leave and license or otherwise to deal with 40% (forty percent)
of total area available to the Applicant. The rights of the Applicant were irrevocable
and Respondent shall not encumber or create any third-party rights in any nature on
the said 40% (Forty Percent) constructed premises coming to the share of the
Applicant. As regards the remaining 5%, the provision was made to safeguard refund
of the deposit to the Respondent, that the Applicant shall not alienate the same till
such refund is made.
x. Under clause 7 (b) of the Agreement, the Respondent too was entitled to
independently sell, transfer, give on leave and license or otherwise to deal with 55%
(fifty five percent) of total area available to the Applicant. The rights of the
Respondent were Irrevocable and Applicant shall not encumber or create any third-
party rights in any nature on the said 55% (Fifty Five Percent) constructed premises
coming to his share.
xi. As per clause 7 (d) of the Agreement, and as per the agreed scheme for its
implementation, the MOFA Agreement for Sale by each party had to be and were
agreed to be in common form to be approved by both. Without however, obtaining
any approval from the Applicant and without submitting any draft for approval, and
behind the back of the Applicant, the Respondent entered into and executed and
registered Agreements for Sale of all the flats coming to the Respondent’s share in
Wings ‘A’ and ‘B’ on the basis of the draft thereof also unilaterally prepared by and
on the Respondent’s behalf and later furnished a copy thereof as a draft for the
approval of the Applicant for the first time only on November 21, 2017. The Applicant
craves leave of this Hon’ble Court to refer to and rely upon the said letter dated
November 21, 2017 as and when produced.
xii. Most importantly, clause 7(e) of the Agreement provided specific and express
safeguard of the interest of the Applicant that the Respondent was not entitled to give
possession to anyone else or allow anyone else to occupy or use any permission on
any basis whatsoever, unless and until he (i.e. Respondent) has prior thereto obtained
the Occupation Certificate (O.C) in respect of the Free sale buildings after the
Respondent obtains the full Occupation Certificate (O.C) or part O.C., as the case
may be, the Respondent shall hand over / offer to hand over to the Applicantthe
possession of Applicant’s area to the extent of which the O.C. has been obtained and
thereafter the Respondent would be entitled to handover / offer to hand over
possession of the premises in respect of the Respondent’s area in the proportion of
55:45 between the Respondent and Applicant.
k) The parties, however, had also contemplated, anticipated and envisaged under the said
Agreement, a likely increase in such permissible FSI by various processes specifically set
out therein. The same have been spelt out, inter alia, in recital (v) of the said Agreement,
which is reproduced hereunder:
“v. AND WHEREAS the XCL has represented to AG that it is planning to obtain F.S.I.
of the said 600 Sq. Mts. additional area found to be available on actual survey and
more particularly described secondly in the Schedule hereunder written and the said
977 sq. Mt. additional area adjoining the said property and at present occupied by
60 hutment dwellers at its own costs (which 60 hutment dwellers would be
rehabilitated by XCL as per the rules of SRA after obtaining approval of SRA) and
more particularly described thirdly in the Schedule hereunder written and the said
961.93 sq. mts. area available due to shifting of PAP and more particularly described
fourthly in the Schedule hereunder written. The aforesaid additional lands described
Secondly, Thirdly and Fourthly in the Schedule hereunder written are also included
in the reference of the said property as hereinafter appearing. Therefore, the total
area of the said property would aggregate to 12,334 sq. mts. and the total FSI which
would be available for free sale component area would aggregate to 21,386.255 sq.
mts. subject to the approval of SRA as per the table provided in the said Agreement.
l) The anticipated increase in the sanctions were expected to go beyond 21,386.255 sq. mts.
It was specifically agreed therefore, as expressly provided in the said Agreement, that
such increase beyond 16,520 sq. mts. and up to 21,386.255 sq. mts. shall also be shared
in the proportions of retention therefrom, i.e., 45% retained by the Applicant and the
balance 55% to the Respondent.
m) On December 28, 2014, Mittal Properties, by its Advocates’ letter, purported to terminate
the Agreement for sub-development dated September 22, 2012. The Applicant craves
leave to refer to and rely upon the said Advocate’s letter dated December 28, 2012 as and
when produced.
n) Subsequently, by Tripartite letter Agreement dated September 11, 2016 between Mittal
Properties, Applicant and the Respondent, the Applicant agreed to provide 22,500 sq. ft.
constructed area to Mittal Properties (instead of 15,000 sq. ft. area retained by Aurora
under the Agreement dated September 22, 2012) to be deducted from and out of 45% area
retained by the Applicant under the Agreement dated March 10, 2013. The Applicant
craves leave to refer and rely upon the said Tripartite letter Agreement dated September
11, 2016 between Aurora Properties, Applicant XCL and the Respondent Gupta.
o) Under the abovementioned Tripartite Agreement, it was mutually agreed among the
parties that:
i) Mittal Properties would be entitled to 22,500 Sq. Ft. of constructed area instead of
15,000 Sq. Ft. and proportionate car parking space and the same would be provided
out of 45% area coming to the share of the Applicant.
ii) Aurora Properties shall pay to the Applicant costs of construction of total 22,500 Sq.
Ft. area.
iii) Aurora Properties would be entitled to all rights under the agreement dated
September 22, 2012 in respect of their area from the Applicant.
p) Thereafter, the Applicant obtained from SRA revised Letter of Intent dated December 21,
2016 (LOI No. 3) clubbing the Scheme of the Kamgar Nagar Society (at Andheri) along
with its scheme at Shiv Shakti Nagar CHS at Kandivali so as to make available for the
said project at Andheri, aggregate construction of 21,135.29 sq. mtrs. The said FSI was
generated by the Applicant voluntarily by increasing 40 PAPs to 107 PAPs (for the benefit
of the project) though the Applicant was not obliged to do so. As a term thereof, the
Applicant is required to construct and handover before the grant of occupation /
completion certificate of construction of Wing ‘C’ in Andheri Project for utilization of
free sale area so generated from 107 PAPs (instead of original 40 PAPs) to be constructed
in its Kandivali project, each PAP tenement with carpet area of 225 sq. ft. = 20.95 sq.
mts. The Applicant thus obtained in lieu thereof, though not obliged under the
Development Agreement with the Respondent, Sale component of 2553.95 sq. mtrs. (as
against 961.93 sq. mtrs. as per the method described in recital ‘v’ of the Agreement)
transferred from the Applicant’s Shiv Shakti Nagar Kandivali to Andheri Kamgar Nagar,
resulting into the total free sale area at Andheri project of 21,135.29 sq. mts. By the said
revised LoI No. 3, SRA also allowed the conversion of the scheme from SRD to SRA in
respect of the said project. The Applicant craves leave of this Hon’ble Court to refer and
rely upon the said Letters of Intent dated February 06, 2005, December 21, 2016 as and
when produced.
q) In or about early 2017 and thereafter, in view of the anticipation of further additional FSI
being made available, the Applicant requested the Respondent orally as well as by way
of written communication to modify plans of Wing ‘C’ so as to include and accommodate
entitlement of such additional FSI. At that stage, the LOI of December 21, 2009 was in
hand by which Wing ‘C’ was to comprise of residential flats upto 22 floors.
r) The Applicant obtained from SRA Letter of Intent dated December 21, 2016 (LOI No. 3)
clubbing the Scheme of the Janta Nagar Society (at Andheri) along with Scheme of Bharat
Nagar CHS at Kandivali and permitting 107 PAPs (instead of original 40 PAPs) to be
shifted from Andheri to Kandivali, each PAP tenement with carpet area of 225 sq. feet =
20.95 sq. mtrs. in lieu of sale component of 2553.95 sq. mtrs. transferred from Bharat
Nagar Kandivali to Janta Co-operative, resulting into the total free sale area being
21,135.29 sq. mtrs (21,386.255 sq. mtrs. as per the March 10, 2013 Agreement; shortfall
of 250.965 sq. mtrs.). By the said LOI No.3, SRA also allowed the conversion of the
scheme from SRD to SRA in respect of the said project.
s) The Applicant at its own costs and efforts shifted and obtained possession of 38 hutments
from and out of 54 hutments on the 9.15 mtrs wide road. The Respondent in fact used
many of such vacated hutments to accommodate his workmen thereat and later
demolished the same.
t) On the basis of the Commencement Certificates granted by SRA from time to time (the
last CC for B Wing upto 22nd floor was issued on March 11, 2020), the Respondent
constructed 44 flats in Wing ‘A’ and another 44 flats in Wing ‘B’ (each building having
22 floors) in the year 2019. These two sale buildings have total built-up area of 15,425
sq. mts. (as against agreed committed area for the project of 16,520 sq. mtrs. as per the
said Agreement). The Respondent obtained Part Occupation Certificate (‘OC’) dated
January 09, 2019 for free sale building Wings ‘A’ and ‘B’ from the SRA.
u) As far as construction of Wing ‘C’ is concerned, initially building permissions called
Intimation of Approval (‘IOA’) dated September 29, 2016 for Wing ‘C’ with 8 floors
comprising of 1st to 4th Floor PAPs & 5th to 8th floor for the Sale were obtained and
thereafter amended IOA dated December 23, 2016 for Wing ‘C’ upto 11 floors
comprising of 1st to 4th floor for PAPs and 5th Floor to 11th Floor for Sale and plinth CC
dated July 06, 2017 were obtained. However, the Respondent did not then start the
construction of Wing ‘C’ in expectation of additional FSI being obtained and committed
various breaches of its obligations prompting the first arbitral dispute between the parties.
ABOUT THE PRESENT ARBITRAL DISPUTE HAVING ACCRUED:
5. The Applicant states that, in the meantime, by Advocate’s Termination Notice dated October
03, 2022 the Applicant terminated the Development Agreement and has called upon the
Respondent to fulfill various demands so raised in the Notice. The Applicant repeats and
reiterates what is stated in the said Notice and states that the contents thereof may be read as
a part of the present Application. The Applicant states that presently, it has a valid, binding
and subsisting claim for the following reliefs against the Respondent:
A. That the Respondent, at the earliest, removes himself, and all his goods and belongings
and his workmen from the site so as to enable the applicant to resume remaining
development and complete the same free of any obstruction, claims and demands from
the Respondent
B. That the Respondent forthwith hands over to the Applicant all the Plans, approvals and
relevant record so as to enable the Applicant to amend the plans and obtain further
approvals and recommence construction of Wing ‘C’.
C. That the Respondent does not represent himself as having or claiming to have any rights
of any nature whatsoever in the project and/ or in Wing- ‘C’ and/ or in any part thereof.
D. That the Respondent does not in any manner, directly or indirectly, obstruct or interfere
in any manner with and/ or prevents the Applicant and all workmen servants and agents
appointed by it from entering upon and. Or remaining in the subject property ad from
proceeding with and completing the remaining incomplete works therein and to ingress
to and egress therefrom.
E. That the Respondent forthwith hands over to the Applicant the keys of outer doors to all
the remaining flats of the Applicant (including those to be given to Aurora)
6. However, the Respondent neglected and chose not to Reply to the same. Thereafter, by
Arbitration/Reminder Notice dated November 12, 2022 the applicant once again called upon
the respondent to comply with the aforementioned demands. Further, the respondent was put
to notice that on failure to comply with the said demands, the applicant shall invoke the
provisions of Arbitration as contained in Clause 18 of the said Agreement. The respondent
was also called upon to provide an alternative suggestion for the appointment of a sole
arbitrator within a fortnight of receiving the said Notice. The Respondent replied to the Notice
dated November 12, 2022 vide his letter dated November 29, 2022, whereby he categorically
stated that there is no question of appointing any Arbitrator or proceeding further in
accordance with Clause 18 of the said Agreement. Hereto annexed and marked as Exhibit “B
to D” are the copies of Applicant’s Advocates Letter dated October 03, 2022, Reminder/
Arbitration Notice dated November 12, 2022 and the Respondent’s Reply dated November
29, 2022 respectively.
7. The Applicant also filed Comm. Arbitration Petition no. 1267 under Section 9 of the Act
before this Hon’ble Court for various interim and/or ad-interim reliefs as more expressly set
out therein. In the said regard, the Applicant repeats, reiterates and confirms what is stated in
the said Arbitration Petition and states that the contents thereof may be held to be a part of the
present Application. The said Petition is yet sub judice before this Hon’ble Court. Hereto
annexed and marked Exhibit “E” is a copy of the said Comm. Arbitration Petition filed
by the Applicant before this Hon’ble Court under Section 9 of the Act (without
annexures)
8. The Applicant states however that despite the Arbitration Notice given to the Respondent by
the Applicant, the Respondent has neither agreed on an arbitrator nor suggested their own
arbitrator. It is clear that the Respondent is merely trying to protract the present dispute and is
interested in delaying the performance of his obligations towards the Applicant.
9. In view of the aforesaid, the Applicants, therefore, submit that an arbitral dispute has arisen
between the parties under Clause 18 of the said Agreement for Development dated March 10,
2013 (since terminated). In the circumstances aforesaid, it is apparent that despite there being
a valid and binding Arbitration Agreement between the parties, the parties have failed to
mutually appoint an Arbitrator as required under Clause 18 of the said Agreement. Disputes
and differences, as set out hereinabove, have arisen between the parties. The Applicant has,
vide its letter dated November 12, 2022, duly and validly invoked arbitration in terms of under
Clause 31 of the said Agreement.
10. In light of the above, the Applicant has no other choice but to approach this Hon’ble Court for
appointment of an Arbitrator in terms of Clause 18 of the said Agreement for Development
dated March 10, 2013 (since terminated) to adjudicate upon the legitimate claim of the
Applicant. The Applicant is carrying on its business in Mumbai. The said Agreement was
executed between the parties in Mumbai. Therefore, this Hon’ble Court has jurisdiction to
entertain, try and dispose of the present Application.
11. The Applicant has paid fixed court fees of Rs. ____/- on the Application.
12. The Applicant will rely on documents, a list of which is annexed hereto.
13. The Application is being signed and verified by ____________, the Partner of the Applicant,
who is aware of the facts of the case and able to depose thereto.
14. The Applicant, therefore, humbly prays to this Hon’ble Court:
(a) That this Hon’ble Court be pleased to appoint an appropriate person as an Arbitrator in
terms of Clause 18 of the Agreement for Development dated March 10, 2013 (since
terminated) (Exhibit A hereto) to resolve the disputes and differences that have arisen
between the Applicant and the Respondent in performing their rights and obligations
therein;
(b) For costs of this Application;
(c) For such further and other orders and directions as this Hon’ble Court may deem fit and
proper in the circumstances of the case.
Dated this day of ______, 2023
Applicant
Advocates for the Applicant
VERIFICATION
I, Mr. Harshad Mehta, the Director of the Applicant abovenamed, Indian Inhabitant, having my
office at 605, Trade Centre, BKC, Mumbai 400051 do hereby solemnly declare and state that what
is stated in paragraphs ____to ____ is true to my own knowledge and what is stated in paragraphs
____ to ____ is based on information and belief and I believe the same to be true and correct.
Solemnly affirmed at Mumbai )
This ___ day of 2023 ) …………………………………
Before Me,
