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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Borivali Shree Ganesh Nateshwar Cooperative Housing Society Ltd – Appellant
Versus
Gorai Road MHB Cooperative Housing Society Association – Respondent
| Table of Content |
|---|
| 1. background and procedural context of petitions (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's arguments for protection against interference (Para 10 , 11) |
| 3. respondent's arguments against jurisdiction (Para 12 , 13 , 14) |
| 4. court's analysis of contractual and legal relationships (Para 16 , 17 , 18 , 19 , 20) |
| 5. jurisdiction and applicability of section 91 of societies act (Para 21 , 22 , 23 , 24 , 25) |
| 6. court recognizes the impossibility of performance under agreements (Para 26 , 27 , 28 , 29) |
| 7. disputes and potential for arbitration rights (Para 30 , 31 , 32 , 33) |
| 8. balancing convenience and irreparable harm for the petitioner (Para 34 , 35 , 36 , 37) |
| 9. final orders and conclusion of the court (Para 38 , 39 , 40 , 41) |
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background :
1. The captioned Petitions have been filed under Section 9 of Digitally signed by ASHWINI the Arbitration and Conciliation Act, 1996 (“the Act”) seeking interlocutory reliefs in the form of protection against the Respondents interfering, intermeddling and obstructing efforts of the Petitioners in redeveloping their properties on their own.
2. Commercial Arbitration Petition No.
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....
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....
A petition under Section 9 of the Arbitration Act requires an existing arbitration agreement between the parties, which was not present in this case.
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 execution of a Development Agreement is essential for binding contractual rights, and compliance with timelines specified in earlier agreements is necessary for specific performance claims under ....
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