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2025 Supreme(Online)(Bom) 197097

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN
M/S MUKESH PATEL AND OTHERS – Appellant
Versus
PANT NAGAR GANESH KRUPA COOPERATIVE HOUSING SOCIETY LIMITED – Respondent


Oral Judgement:

Context and Factual Background:

1. This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking appointment of an arbitral

tribunal in connection with disputes and differences that would be relatable to an arbitration clause contained in a Development Agreement dated October 15, 2010 (“Development Agreement”) between the Applicant, Mukesh Patel (“Patel”) and Respondent No. 1, Pant Nagar Ganesh Krupa Cooperative Housing Society Limited (“Earlier Society”).

2. The Society has admittedly been merged, among others, into Respondent No. 3, Shubham Ambience Co-Operative Housing Society Limited (“Merged Society”), and therefore, the privity, if any, of the Development Agreement is now between Patel and the Merged Society.

3. Ordinarily, a matter of this nature, would not necessitate writing of a reasoned judgement, inasmuch as it is an application under Section 11 connected to an admittedly existent arbitration agreement. However, it is the insistence of Patel that Respondent No. 2, Avvad Spaces LLP (“Avvad”), another developer who has since been appointed as a developer for redevelopment of the property, after the termination o

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