BORIVALI MADHUSUDAN COOPERATIVE HOUSING SOCIETY LTD vs THE GORAI ROAD MHB COOPERATIVE HOUSING SOCIETY ASSOCIATION

Judgment text excerpt

F-OJ-18 & 21-ARBP-452-24 & 562-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 452 OF 2024 Borivali Shree Ganesh Nateshwar Cooperative Petitioner Housing Society Ltd Versus The Gorai Road MHB Cooperative Housing Society Respondents Association & Anr AND ARBITRATION PETITION NO. 562 OF 2024 Borivali Madhusudan Cooperative Housing Society Petitioner Ltd Versus The Gorai Road MHB Cooperative Housing Society Respondents Association & Anr Mr. Aseem Naphade a/w Omar Khaiyam Shaikh, Sahil Salvi, for the Petitioner. Mr. Mayur Khandeparkar a/w Jagdish Aradwad Reddy, Deepti Thorat, for Respondent No.1-Gorai. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : AUGUST 1, 2025 Oral Judgement: Context and Factual Background: 1. The captioned Petitions have been filed under Section 9 of Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: the Arbitration and Conciliation Act, 1996 (“ the Act”) seeking 2025.08.05 15:04:58 +0530 Page 1 of 22 August 1, 2025 F-OJ-18 & 21-ARBP-452-24 & 562-24.doc interlocutory reliefs in the form of protection against the Respondents interfering, intermeddling and obstructing efforts of the Petitioners in redeveloping their properties on their own. 2. Commercial Arbitration Petition No.452 of 2024 is treated as the lead Petition by consent of the parties. All references to facts, page numbers and dates in this judgement, are with reference to the said Petition. Learned Counsel for the parties agree that dealing with the issues in the said Petition would also be determinative of the issues raised in the other companion Petition i.e Arbitration Petition No. 562 of 2024 filed by Borivali Madhusudan Cooperative Housing Society Ltd. as well, and both Petitions could be dis