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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
SSD Escatics Private Limited – Appellant
Versus
Goregaon Pearl Cooperative Housing Society Limited – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) The Petitioner has filed this Petition under section 34 of Arbitration and Conciliation Act, 1996 (Arbitration Act) challenging the award of the learned sole arbitrator dated 24 June 2023. By the impugned award, the Arbitral Tribunal has declared the Termination Notice dated 9 June 2018 terminating the Development Agreement (DA) and Power of Attorney (POA), both dated 26 September 2007, and of the Consent Terms dated 16 May 2017 as valid, legal and binding. The Tribunal has further declared that the contract of redevelopment is terminated with effect from 9 June 2018. The Arbitral Tribunal has restrained the Petitioner from interfering with possession of Respondent-Society over the land and building in question. Petitioner is directed to the handover all original documents relating to redevelopment of the Society. The Arbitral Tribunal has also awarded claim in the sum of Rs.7,08,53,695.03/- in favour of the Respondent-Society. The Arbitral Tribunal has awarded costs of Rs.9,65,250/- in favour of the Respondent-Society. The counterclaims of the Petitioner are rejected.
FACTS
2) Respondent is a Cooperative Housing Society registered under the provisio
Upon valid termination of redevelopment agreement for developer's breaches, no-damages clause bars compensation but society must restore purchase price of utilized FSI/tit-bit land as 'benefit' under....
The court upheld the principle that undertaking given to secure performance of contractual obligations revives a terminated contract, allowing specific performance claims despite prior termination by....
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 main legal point established in the judgment is that the formal Development Agreement (DA) is an essential condition of the contract, and without it, there is no concluded contract and no enforce....
The absence of a direct contractual relationship prohibits third-party purchasers from claiming specific performance against the society post-termination of the development agreement.
Court ruled that temporary injunctions can enforce development agreements even against minority occupants obstructing redevelopment, especially when prior claims against obstruction were dismissed on....
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