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ArbitrationLatestLegalSeptember 2023

Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another of Housing Society.

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Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another by Housing Society.

On 9.8.2006, the Development Agreement and also Power of Attorney was executed between Meeti Developers and New Kamal Kunj Housing Society for the land at Borivali (West), Mumbai, along with building.

However, the Society hold the Developer responsible for delay in completion of the project and breaches.   The Society had passed  Resolution passed by 57 out of 67 members in the Special General Meeting held on 23.2.2023 and terminated the agreement vide public notice dated 6.3.2023.

Pending initiation of the arbitration proceedings, the Developer and the Society had filed petitions for interim reliefs.

HELD, on considering the facts of the case in details and also orders of the High Court in other cases in respect of the Developer and another Housing Society, unit members of the petitioner society were out of their premises since 2018, they were not paid rent since March / May 2020 and there is no point in affording one more chance to the Developer.

Judgment dated 12.9.2023 in CARBPL No.6410 of 2023 of the Meeti Developers was dismissed and the ARBPL NO.12837 of 2023 of the Society was allowed.

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