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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
| Table of Content |
|---|
| 1. background and procedural history of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. significance of binding agreements and obligations under those agreements. (Para 7 , 36 , 39 , 40) |
| 3. arguments from the parties regarding occupancy rights (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. legal considerations regarding interim measures under section 9 (Para 14 , 18 , 19 , 20) |
| 5. judicial observations on the exercise of jurisdiction under section 9. (Para 15 , 16 , 17) |
| 6. court's analysis of tenant obligations and redevelopment process (Para 21 , 22 , 23) |
| 7. implications of the court's decision and directions given (Para 49 , 51) |
| 8. final decision mandating the vacation of garages. (Para 53 , 54) |
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.
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....
In redevelopment disputes under Arbitration Act Section 9, society members' right to safe housing from dilapidated buildings prevails over developer's profit rights where developer caused 13-year del....
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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