2026:BHC-OS:383 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.40791 OF 2025 Real Infrastructure Company through its Partner Keshavji Damji Minat ....Petitioner V/S Tilak Nagar Mahalaxmi Co-Operative Housing Society Limited and Ors. ....Respondent _________

Mr. Pramod Bhosle i/b Ms. Devika Nigde for the Petitioner.

Mr. Anshul Kochar for Respondent No.1.

Mr. Himanshu Rai with Mr. Harishchandra M. Margaje for Respondent No.3 __________

CORAM : SANDEEP V. MARNE, J.

DATE : 7 JANUARY 2026.

P.C.:

1. This is the Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking the following prayers:

(a) This Hon'ble Court be pleased to direct the Respondent No. 2 to handover the vacant possession of the existing tenement in her occupation, that is Unit number 310 situated in the subject premises being building number 60, which are constructed on the parcel of land, having CTS No. 20 (Pt.), Survey No. 14 (Pt.) admeasuring 1143.33 sq. mtrs. or thereabouts at Tilak Nagar, Village Chembur, Kurla, Mumbai Suburban District to the Petitioner;

(b) in alternative to prayer clause (a), this Hon'ble Court be pleased to appoint a Court Receiver of the Hon'ble Court or any other fit and proper person as a Court Receiver with respect to unit No. 310 situated in the subject premises with all powers under Order XLI Rule 1 of the Code of Civil Procedure, 1908, including the power to take physical possession of the tenement No. 310, if necessary by breaking locks and taking police protection and handover the peaceful and physical possession of the tenement No. 310 to the Petitioner to enable the Petitioner to demolish the building and commence the construction of new building/s as contemplated under the Development Agreement dated 2nd February 2025;

(c) this Hon'ble Court be pleased to pass an order or injunction restraining Respondent No. 2 from dealing with transferring, entering and/or creating any third-party rights of any nature whatsoever with respect to tenement No. 310 situated in the subject premises in any manner whatsoever without prior written permission of the Respondent No. 1 Society and the Petitioner;

(d) cost of the petition be provided for;

(e) such further and other reliefs as appropriate in the circumstances of the case.

2. Respondent No.1-Society has decided to undertake redevelopment of its building. It appears that the building of the first Respondent-Society has a peculiar feature. The building is constructed by Maharashtra Housing and Area Development Authority (MHADA) and had originally only 36 tenements of size of 180 square feet. After procuring permission from MHADA the size of the tenements were increased to 295 square feet. Since there was surrounding land around the building, it appears that additional flats are constructed around the building which are of different sizes but are much larger than the original 36 flats of area of 295 square feet. The Society’s building thus has total 62 flats comprising of original 36 flats and added 26 flats.

3. On 9 April 2023, Society adopted resolution in Special General Body Meeting (SGM) and it was decided that additional area arising out of redevelopment shall be equally shared by all 62 members. Respondent No.2 did not question the said SGM resolution dated 9 April 2023. On 22 September 2024, Petitioner was appointed as a Developer to carry out redevelopment of first Respondent-Society’s building. On 2 February 2025, Development Agreement was executed between Petitioner and Respondent No.1-Society. Under the Development Agreement, the Petitioner has proposed to distribute the additional area arising out of redevelopment equally amongst all the 62 members. Accordingly, each of the 62 members are granted additional area of 315 square feet irrespective of the size of their flats.

4. In terms of the Development Agreement, all other members have vacated possession of their flats for redevelopment of the