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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Alok Aradhe, Sandeep V.Marne
Pranav Constructions Limited – Appellant
Versus
Priyadarshini Co-operative Housing Society Limited – Respondent
| Table of Content |
|---|
| 1. overview of arbitration petitions and orders. (Para 1 , 2 , 3) |
| 2. arguments on binding nature of development agreement. (Para 4 , 5) |
| 3. responses by opposition highlighting discrimination and misrepresentation. (Para 6 , 7 , 8) |
| 4. court's consideration of appeals and existing disputes. (Para 9 , 10 , 11) |
| 5. determination of members' obligations under the development agreement. (Para 12 , 13 , 14 , 15) |
| 6. establishment of the court's right to enforce interim measures. (Para 16) |
| 7. court's jurisdiction on interim measures and commercial disputes. (Para 19 , 20 , 21 , 22) |
| 8. court's final orders and dismissal of interim applications. (Para 23 , 24) |
JUDGMENT :
Sandeep V. Marne, J.
1. These Appeals are filed under the provisions of Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) challenging the order dated 20 June 2025 passed by the learned Single Judge disposing of Arbitration Petition No. 175/2025 filed under the provisions of Section 9 of the Act without grant of any relief in favour of the Petitioner therein.
2. Priyadarshini Co-operative Housing Society Limited (Society) is the owner of land and building situated at Final Plot No.42A of Town Planning Sche
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....
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 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....
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....
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....
A petition under Section 9 of the Arbitration Act requires an existing arbitration agreement between the parties, which was not present in this case.
The main legal point established in the judgment is that objections raised by a minority of members after an overwhelming majority had approved the appointment of a developer for redevelopment were i....
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