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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
Ambit Urbanspace – Appellant
Versus
Poddar Apartment Co-operative Housing Society Limited – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1) These Appeals are filed challenging the judgment and order dated 1 April 2025 passed by the learned Single Judge of this Court dismissing Commercial Arbitration Petition (L) No. 38696/2024 filed by the Appellant-Ambit Urbanspace under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 (the Act) seeking interim measures for vacation of premises by Respondent Nos. 5 to 9 for the purpose of carrying out development process of the building in question.
2) The developer-Ambit Urbanspace has filed Commercial Arbitration Appeal (L.) No.12585/2025 challenging the judgment and order dated 1 April 2025. Commercial Arbitration Appeal (L) No.16482/2025 is filed by original Respondent Nos.2 to 4 to the limited extent of some of the findings recorded by the learned Single Judge qua about tenancy rights of Respondent Nos. 5 to 8, even though there is no specific direction against them in the operative part of the impugned judgment and order.
3) A very brief factual narration of the case as a prologue to the judgment would be necessary. For ease of reference, throughout the judgment, parties are referred to by their description in the Commercia
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....
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....
Tenants, as statutory protectees, cannot be evicted without due process, and lack privity of contract with the Developer under the Development Agreement.
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 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....
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....
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