Bombay HC – Non-consenting members to execute consent letters and hand over possession in Redevelopment Dispute
Judgment dated 18.8.2026 of the High Court of Bombay in Commercial Arbitration Petition (L) No.23506 of 2026 of Tricity Realty LLP Vs. Sandeep Park Cooperative Housing Society Limited and others
Section 9 Petition of the Developer to hand over possession
The petitioner was appointed as Developer for redevelopment of the respondent no.1 society in its Special General Meeting of 9.7.2023. This was confirmed by the Deputy Registrar Cooperative Societies on 7.8.2023 and on 22.11.2023, the letter of intent was issued.
On 10.11.2024, the Development Agreement, Power of Attorney and other documents were unanimously approved by the members
On 8.3.2026 the society passed the resolution to circular consent letters and also resolved that the members will be treated as non-cooperative members.
On 11.6.2026, the petitioner issued notice to vacate premises and separate notices dated 12.6.2026 to the respondent nos.2 to 4 to execute consent letters in four days.
On 18.6.2026, the society approved draft PAA Agreement in its SGM meeting. On 25.6.2026, the society informed the petitioner about non-cooperative of respondent nos.2 to 4.
Thus, 33 out of total 36 members are consenting members.and 30 members have vacated their premises.
Mere existence of such grievances of non consenting members does not mean that redevelopment of the entire Society must remain suspended till every individual issue is decided. Such disputes cannot defeat section 9 petition.
The decision dated 14.7.2025 of the Division Bench of the Bombay High Court in Arbitration Appeal (L) No.20093 of 2025 of Pranav Constructions Limited Vs. Priyadarshini Cooperative Housing Society was followed.
In all eleven directions / reliefs are granted including to execute consent letters, agreements and hand over possession by the concerned members within the stipulated time.
