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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
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 on 4th October 2021. The respondent no.2 did not accept the appellant’s proposal and instead appointed respondent no.1 as its developer. A Development Agreement dated 21st May 2025 was executed between the respondents no.1 and 2 for the redevelopment of the building. This binds all the members of the society including respondent no.2. It contains an
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....
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....
The court upheld the validity of the redevelopment project under Section 41A of the Gujarat Ownership Flats Act, 1973, based on the majority consent of the members, dilapidated condition of the build....
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