VILLA REALCON LLP. A LIMITED CO. vs CHANDRISH PARBAT GOTHI AND ORS.

Judgment text excerpt

ARAST-30899-2025 - F-.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL (ST) NO. 30899 OF 2025 Villa Realcon LLP ...Appellant Versus Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR Chandresh Parbat Gothi TALEKAR Date: 2025.12.03 18:07:50 and 11 Ors. …Respondents +0530 Mr. Vineet Naik, Senior Advocate a/w Mr. Akhilesh Dubey, Mr. Amit Dubey, Mr. Uttam Dubey, Mr. Shubham Sharma, Mr.Alex D’souza i/b Law Counselors, for Appellant. Dr. Virendra Tuljapurkar, Senior Advocate a/w Mr. Onkar Chandurkar, Mr. Nachiket Khaladkar, for Respondent No.1. Mr. Rahul Sinha a/w Mr. Soham Bhalerao and Mr. Harshit Tyagi i/b DSK Legal, for Respondent Nos.3 to 8-CIDCO. CORAM : SOMASEKHAR SUNDARESAN, J. Date December 3, 2025 JUDGEMENT: Context and Factual Background: 1. This is an Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”) impugning an order dated September 4, 2025, by which the Learned 2 nd Joint Civil Judge, Senior Division, Panvel rejected an Application filed by the Appellant under Section 8 of the Arbitration Act. Page 1 of 27 December 3, 2025 Purti Parab/Shraddha ARAST-30899-2025 - F-.docx 2. An Application under Section 8 of the Arbitration Act had been filed in Special Civil Suit No. 130 of 2025 (“ Suit 130”) filed by Respondent No.1, Chandresh Parbat Gothi (“Chandresh”). Villa Modern Constructions L.L.P. (“Villa Modern”) was Defendant No.1. and Villa Realcon LLP was Defendant No.2 (“Villa Realcon”) in Suit 130. 3. City and Industrial Development Corporation Limited (“CIDCO”) was Defendant No.3 and its various office bearers were Defendant Nos. 4 to 8. The Panvel Municipal Corporation (“ PMC”) was Defendant No.9 while Director, Town Planning of PMC was Defendant No.10. There