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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN
Ambit Urbanspace – Appellant
Versus
Poddar Apartment Co-operative Housing Society Limited – Respondent
JUDGMENT:
Context and Factual Background:
1. This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) filed by Ambit Urbanspace (“Developer”), which has executed a Development Agreement dated May 21, 2024 (“Development Agreement”) with Poddar Apartment Co-operative Housing Society Limited, a Housing Society (“Society”) to redevelop a building, seeking protective measures from this Court pending arbitration being invoked.
2. At the outset, it is worth mention that this is not a conventional case of such petitions, which now have left a long legacy of jurisprudence in this Court. The difference from the usual and typical pattern seen in Section 9 Petitions relating to redevelopment of properties in Mumbai, is stark. Learned Counsel for all the parties fairly state that they do not have a specific precedent of the specific nature involved in these proceedings.
3. This is not a case where a developer, who has a development agreement with a co-operative society, seeking to invoke the interim protective measures against recalcitrant and dissident members of the society, where some members assert their individual will in multiple directions, in conflict wit
Tenants, as statutory protectees, cannot be evicted without due process, and lack privity of contract with the Developer under the Development Agreement.
Arbitration – A third party whose interests would be affected by interim protective measures that may be made in exercise of powers under Section 9 of Arbitration and Conciliation Act, 1996 can be ma....
The Court can grant interim measures under Section 9 of the Arbitration Act against non-signatories if necessary to ensure redevelopment, and occupancy rights are secondary to contractual obligations....
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....
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....
The court established that the tripartite Development Agreement is unenforceable, and parties cannot interfere with the redevelopment rights of a member society once the underlying agreements are ter....
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