2025:BHC-OS:21899 Salgaonkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION(L) NO.31655 OF 2025 WITH COMMERCIAL ARBITRATION APPLICATION NO.358 OF 2025 Mohite Realtors LLP .. Petitioner/

Applicant Versus Ghatkopar Avadhoot Co-Operative .. Respondent Housing Society Limited WITH COMMERCIAL ARBITRATION PETITION (L) NO.30368 OF 2025 Ghatkopar Avadhoot Co-Operative .. Petitioner Housing Society Limited Versus Mohite Realtors LLP .. Respondent …

Mr.Vishal Kanade with Prapti Kedia, Ntan Jain and Mr.Rushikesh Dusane i/b Agama Law Associates for the Petitioner in CARBPL/31655/25, CARAP/358/25 and for the Respondent in CARBPL/30368/25.

Ms.Rita K. Joshi (through VC) for the Respondent in CARBPL/31655/25, CARAP/358/25 and for the Petitioner in CARBPL/30368/25.

Mr.Richard Joseph Pillai, Treasurer, present in Court.

Mr.Vijay Govind Patade, Secretary, present in Court.

Mr.Vidyadhar K. Sawant, Chairman, present in Court.

Mr.Vijay Govind Patade, Mr.Nandan Kolasekar and Mr.Arvind Ramchandra Pawer, Committee Members, present in Court.

CORAM: BHARATI DANGRE, J. DATE : 21st NOVEMBER, 2025 ...

P.C:-

1. A Development Agreement dated 11/02/2022 entered between Ghatkopar Avadhoot Co-Operative Housing Society Limited (the Society) and M/s Mohite Realtors LLP (the Developer) is the subject matter of the two Petitions filed under Section 9, one by each of the party alongwith an Application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator. The Developer in Section 9 Petition seeks direction to the Society to execute the application for No-Dues certificate alongwith Supplementary Lease Deed through its Managing Committee and to render co-operation in executing such other Deeds and documents required for securing Full Occupation Certificate ensuring necessary compliances with MHADA, Joint Registrar or any other Authority, which is involved. Whereas Section 9 Petition filed by the Co-operative Housing Society seek possession of the redeveloped flats to the balance members of the Petitioner/Society, who have not been yet handed over the possession, on the basis of the Part Occupation Certificate dated 09/06/2025 or a direction is sought to the Developer to pay to each member the arrears with interest of monthly rental compensation from 01/07/2025 till the possession of the new flat is handed over to them.

2. Learned counsel Mr.Kanade appearing for the Developer has submitted that the Developer is within the prescribed timelines in securing the Full Occupation Certificate and only Part Occupation Certificate is obtained. Unless and until the Supplementary Lease Deed is signed by the members of the Society, the Full Occupation Certificate cannot be obtained. He would also submit that there is an issue about the GST and as per the Development Agreement, GST is to be borne by the flat purchaser, but the members of the society have failed to make the payment, as a result of which, he is made to incur penalty.

Learned counsel representing the Society would, however, submit that it is the Society which was ready to render co-operation, but in the wake of some structure being raised by the Developer to which the Society objected, Supplementary Lease Deed was not signed. She also makes a statements that the corpus amount is due and payable to the members of the Society and let the Developer adjust the said amount against the GST amount, which is computed and the notice in that regard is served upon the individual members.

I am also informed that nine members have already made the payment of GST amount and taken possession of their respective flats.

3. During the course of hearing, a consensus has emerged between the Developer and the members of the Co-Operative Society with the presence of its office bearers which include the Chairman-Mr.Vidyadhar K. Sawant, Secretary-Ismail Budye, Treasurer-Richard Joseph Pillai and the Committee Members, Mr.V