JUDGMENT :

Amit Borkar, J.

1. The present petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996. By this petition, the petitioner is asking for temporary relief till the disputes are referred to and decided by an Arbitral Tribunal. According to the petitioner, respondent Nos.2 to 26 are not handing over possession of their respective flats and are creating obstruction in the redevelopment work. Therefore, the petitioner has requested this Court to direct those respondents to vacate their flats and cooperate in the redevelopment. In the alternative, the petitioner has also prayed for appointment of a Court Receiver to take possession of the flats and hand over the same to the petitioner so that the redevelopment work can proceed without any hindrance.

2. According to the petitioner, the facts leading to the present petition are as follows. The petitioner claims to be the owner of the property known as Rachana Plots. Under a registered Lease Deed dated 10 July 1960, the predecessors of the petitioner leased the land admeasuring about 5000 square yards, equivalent to about 4145.8 square metres, comprising CTS Nos. C-40, C-49, C- 50, C-51, C-52, C-53 and C-54 of Village Bandra, then known as Danda, to respondent No.1 Society for a period of 99 years. Since then, respondent No.1 Society has been holding the property as a lessee under the said Lease Deed. It is further stated that on 7 November 1981, the Society entered into a Development Agreement with M/s. Saboo and Varun. According to the petitioner, this agreement was contrary to the terms and conditions of the Lease Deed. Later, on 22 May 2014, the petitioner filed T.E. and R. Suit No.177/192 of 2014 before the Small Causes Court seeking eviction of the members of the Society. During the pendency of the said suit, the petitioner made an offer to the Society on 22 December 2016 for redevelopment of the property. Thereafter, a Special General Body Meeting of the Society was held on 8 January 2017. In that meeting, the members accepted the petitioner's offer for redevelopment. Subsequently, on 20 January 2017, consent terms were executed between the petitioner and the Society. In view of the settlement arrived at between the parties, the suit came to be disposed of by a consent decree dated 7 March2017.

3. It is the petitioner's case that the proposed Development Agreement was approved by the Society in its Special General Body Meeting held on 16 December 2022. Thereafter, the Development Agreement was formally executed between the petitioner and the Society on 26 December 2023. During the period between 2023 and 2025, five more members also executed supplemental development agreements in favour of the petitioner. The petitioner further entered into another Development Agreement on 10 January 2025 with Meena Society in respect of adjoining land admeasuring 1428.30 square metres bearing CTS Nos. C/15, C/16 and C/17, Old Survey No.164/A and Plot No.82 of Village Bandra. According to the petitioner, both the Rachana Plots and Meena Plots are being jointly redeveloped under Regulations 33(10) read with 33(11) of the Development Control and Promotion Regulations, 2034. For carrying out the redevelopment, the petitioner obtained Intimation of Approval from the Slum Rehabilitation Authority on 4 February 2026 and 16 February 2026. After receiving those approvals, the petitioner issued a notice dated 20 February 2026 calling upon the Society and its members to vacate their flats and hand over possession within a period of 45 days. The petitioner further states that by a letter dated 14 April 2026, the Society informed that declarations of consent had been received from 37 members. Thereafter, between 15 April 2026 and 17 April 2026, the petitioner's advocates issued three separate notices to the remaining 26 members, giving them one final opportunity to vacate the premises and hand over possession. According to the petitioner, respondent Nos.2 to 26 did not comply wi