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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, C.J, GAUTAM A. ANKHAD
Rajendra Builders – Appellant
Versus
Balaji Padmavati Developers – Respondent
| Table of Content |
|---|
| 1. facts of the redevelopment dispute (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding property redevelopment legality (Para 6 , 7 , 8) |
| 3. court's reasoning on discretion and legal obligations (Para 9 , 10 , 11) |
| 4. judicial precedent on cooperative society redevelopment (Para 12 , 13 , 14) |
| 5. final ruling and dismissal of appeal (Para 15 , 16) |
JUDGMENT :
GAUTAM A. ANKHAD, J.
By the impugned order dated 17th September 2025, passed in proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”), the appellants/original respondent no.2 & 3 have been directed to hand over its flats to the respondent no.1 for the purposes of redevelopment. Aggrieved by the said order, the appellants have preferred this Appeal under Section 37 of the Act.
2. The facts relevant to the present appeal are as under:
(a) The appellant no.1 was the original developer of respondent no.2–society. The appellant no.2 also owns certain units in the said building. The building was constructed in 1980s and had deteriorated to a dilapidated condition.
(b) In 2021, the respondent no.2 initiated the process of redevelopment. The appellant no.1 was one of the bidders and submitted its proposal
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....
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....
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....
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....
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