COMMERCIAL ARBITRATION PETITION NO. 393 OF 2017

1. This petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (The said Act) by petitioner and though prayers appear to be in the nature of the mandatory final order, in the facts and circumstances of the case, I do not find it wrong for petitioner to ask for and for court to grant such a relief. Extraordinary situations require extraordinary orders.

2. Petitioner carries on business of real estate developers. Respondent no.1 is Co-operative Housing Society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 situated at Mulund Mrug Archana CHS Ltd., Govind Nagar, Sarojini Naidu Road, Mulund (West), Mumbai 400 080 (The said property). It must be noted that counsel for respondent no.1-society stated that respondent no.1-society fully supports petitioner in this petition. Respondent Nos. 2 to 4 are the members of respondent no.1-society. Respondent Nos. 2 to 4 are dissenting members for proposed redevelopment against the majority of 34 members of respondent no.1-society. Respondent nos. 2 to 4 have right, title and interest in respect of their respective flats being Flat Nos.