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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Space Master Realtors – Appellant
Versus
Mulund Sandhyaprakash CHS Ltd. – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
ISSUE FOR CONSIDERATION
1. This Application, filed under Section 11 of the Arbitration and Conciliation Act, 1996, raises an issue of seminal importance about permissibility to arbitrate the disputes between developer and a dissenting member of cooperative society, who has not signed the development agreement. In the present Application, the developer is seeking appointment of arbitrator for adjudication of disputes with a non-signatory member to the development agreement. Developer’s right to seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 against a non-signatory member is well settled. Even though a dissenting member of a society has not signed the development agreement, Court can make interim measures against him as his individual rights remain subservient to the society’s obligations under the development agreement. The issue here is entirely different. Whether developer, who has executed development agreement with the cooperative society, can seek appointment of an arbitrator by invoking arbitration clause in the development agreement, for adjudication of disputes with a member of such society, who is not a signa
Dissenting non-signatory member of cooperative society not bound by arbitration clause in development agreement with developer; lacks consent as veritable party despite beneficiary status or executin....
The court ruled that non-signatories may be bound by arbitration agreements if their conduct indicates consent, but complex factual questions regarding such consent should be resolved by the Arbitral....
Non-signatories can be bound by arbitration agreements based on their conduct and involvement in the contractual relationship.
Non-signatory held veritable party to arbitration agreement via active contract performance, composite transaction with supplementary agreement, and conduct, justifying joinder under Section 11; limi....
The Group of Companies doctrine allows binding non-signatories to arbitration agreements based on mutual intent, assessed through their conduct and involvement in the contractual relationship, withou....
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