The decision upheld the majority members' right to redevelopment and emphasized the readiness for arbitration, allowing the Court to exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996.

ORDER :

1. This is a petition filed under section 9 of the Arbitration and Conciliation Act, 1996 whereby the petitioner who has been appointed as a developer by respondent no.1-”Ridhi Sidhi Sadan, Unit of “Shree Ridhi Sidhi Cooperative Housing Society Ltd.” (for short “the Society”) is before the Court praying for the following interim measures pending the arbitral proceedings:

“a) The respondent no. 1 and its members (respondent nos. 2 to 5 herein) and respondent no. 6 be ordered and directed to handover quiet, vacant and peaceful possession of their respective flats, i.e. Flat No. 13 (2nd floor) of respondent no. 2, Flat no. 19 (1st floor) of respondent no. 3 and Flat No. 28 (1st floor) of respondent no. 4 and Flat No. 14 (2nd floor) of the respondent nos. 5 and 6 to the petitioner on or before 03.05.2022 for the purpose of demolition and commencing and completing the redevelopment of the building of respondent no. 1.

b) The respondent nos. 2 to 5, their legal heirs, successors, servants, agents, authorized representatives, occupants etc. by an Order Direction of Injunction, be restrained from doing any act of Obstruction/Non-Cooperation, which shall amount jeopardizing the terms of the Development Agreement dated 11.12.2014 and Supplementary Development Agreement dated 29.11.2021 or any other acts which are contrary or coercive to the terms of the said Development Agreement dated 11.12.2014 and Supplementary Development Agreement dated 29.11.2021.

c) In the alternative to prayer clause (a) hereinabove, this Hon’ble Court be pleased to appoint any competent authority or grant rights to the petitioners and its representative to take physical possession of the individual flats of respondent no. 2 to 5 with the police assistance and in the presence of representative of the Society. In such an event, Hon’ble Court may please to order the petitioners to take custody of things/articles and belongings of respondent nos. 2 to 5 kept in their individual flats and shall keep the same at safe custody and storage maintained at site/or any other suitable place.

d) In the alternative to prayer clause (c) hereinabove, the Court Receiver, High Court, Bombay be appointed a Receiver in respect of the individual flats of respondent nos. 2 to 5 in the building of respondent no. 1 along with all the powers under Order XL Rule 1 of Code of Civil Procedure, 1908 in respect of the individual flats of respondent nos. 2 to 5, including the power to take quiet, vacant and peaceful physical possession of their respective flats, i.e., Flat No. 13 (2nd floor) of respondent no. 2, flat No. 19 (1st floor) of respondent no. 3 and Flat No. 28 (1st floor) of respondent no. 4 and Flat No. 14 (2nd floor) of respondent no. 5 and to the petitioner on or before 03.05.2022 with the police assistance and after making the complete inventory of all the articles lying therein to handover the same to the petitioner forthwith, for the purpose of demolition followed by commencing and completing the re-development project of the building of respondent no. 1.

e) Respondent nos. 2 to 5 be directed to execute their Individual Agreements (Permanent Alternate Accommodation Agreements) with the petitioner, with respect to their respective flats, on the same terms and conditions as the Individual Agreements (Permanent Alternate Accommodation Agreements) executed by other members of respondent no. 1, for the purpose of commencing and completing the redevelopment of the building of respondent no. 1.

f) In the alternative to prayer clause (d) hereinabove, the Court Receiver, High Court, Bombay be appointed a Receiver in respect of individual flats of respondent nos. 2 to 5 in the building of respondent no. 1 along with all the powers under Order XL Rule 1 of Code of Civil Procedure, 1908 in respect of the individual flats of respondent nos. 2 to 4, including the power to execute the Individual Agreements (Permanent Alternate Accommodation Agreements) on behalf of each of respondent nos. 2