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ARIF S. DOCTOR
Gulshan Townplanners LLP – Appellant
Versus
Gulshan Co-operative Housing Society Limited – Respondent
JUDGMENT :
Arif S. Doctor, J.
1. While at first blush the captioned Petition would appear to be the usual Petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) in matters of redevelopment agreements entered into between a Developer, (the Petitioner in the present case) and a Cooperative Housing Society, (Respondent No. 1 “the Society” in the present case), the facts of the present case would make plain that it is infact anything but so. Infact, in my view, as the facts of the present case would make clear, the present Petition is nothing but a sheer attempt to misuse of the provisions of Section 9 of the Arbitration Act.
2. The ‘disputes’ that are stated to have arisen are under a Redevelopment Agreement (“RDA”) and a Supplementary Agreement (“SA”), both dated 20th July 2022 entered into between the Petitioner i.e., the Developer, on the one hand and the Society which comprises of eleven members on the other hand. The RDA has also been individually signed/executed by each of the eleven members of the Society. Admittedly, Respondent No. 2 is neither a member of the Society nor has Respondent No. 2 signed the RDA. Infact, the Petition itself desc
A petition under Section 9 of the Arbitration Act requires an existing arbitration agreement between the parties, which was not present in this case.
Non-cooperative members of a co-operative society are bound by redevelopment decisions made by the majority, and courts can exercise powers under Section 9 to direct them to vacate premises for redev....
Individual members of a co-operative society are bound by the covenants of a development agreement, and disputes regarding their entitlements cannot obstruct interim measures under Section 9 of the A....
The main legal point established in the judgment is that dissenting members of a cooperative society are bound by the decisions of the general body, and the court has the authority to order mandatory....
The main legal point established in the judgment is the court's authority to grant interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, based on a strong prima facie case i....
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