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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Shri Mahavir Developers – Appellant
Versus
Shri Mahavir Jaina Vidyalaya – Respondent
| Table of Content |
|---|
| 1. development agreement mandates 32,000 sq ft hostel construction. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. termination notice issued for area shortfall; arbitration ensued. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. petitioners challenge award for perversity and contradictions. (Para 14 , 15 , 16) |
| 4. respondents defend award's plausible contract interpretation. (Para 17 , 18) |
| 5. no inherent contradictions in denying specific performance. (Para 19 , 20 , 21 , 22) |
| 6. developer lacked readiness for agreed area delivery. (Para 23 , 24 , 25 , 26 , 27) |
| 7. illegal termination reconcilable with restitution remedy. (Para 28 , 29 , 30 , 31 , 32) |
| 8. pscc act inapplicable to development license. (Para 33 , 34 , 35 , 36) |
| 9. charity commissioner permission not required for arbitration. (Para 37 , 38) |
| 10. limited section 34 review respects arbitral findings. (Para 39 , 40) |
| 11. petition dismissed; award upheld without interference. (Para 41 , 42 , 43) |
JUDGEMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background:
1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an Arbitral Award dated October 1, 2019, as modified further on October 1
Section 34 limits interference with arbitral awards to root perversity; plausible denial of specific performance upheld despite illegal termination, as developer not ready to deliver essential redeve....
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....
Court held that specific performance cannot be enforced due to termination of MOU and lack of owner consent.
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 ....
The court upheld the trial court's dismissal of the appeal against the arbitration award, confirming that there was no patent illegality or grounds for interference under the Arbitration and Concilia....
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