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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
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.452 of 2024 is treated as the lead Petition by consent of the parties. All references to facts, page numbers and dates in this judgement, are with reference to the said Petition. Learned Counsel for the parties agree that dealing with the issues in the said Petition would also be determinative of the issues raised in the other companion Petition i.e Arbitration Petition No. 562 of 2024 filed by Borivali Madhusudan Cooperative Housing Society Ltd. as well, and both Petitions could be disposed of by this common judgement.
3. The Petitioner, Borivali Shree Ganesh Nateshwar Cooperative Housing Society Limited (“Borivali”) is said to be entitled to Building No.20 (“Building”) developed on land admeasuring 1,240.93 square metres bearing Survey Nos.137
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.
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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