M/S SAB DEVELOPERS THR. ITS PARTNERS i) MR. JOHAR HASAN ZOJWALLA AND ii) SANJAY SHAMJI GALA vs M/S. VIJAY ENTERPRISES THR. PARTNERS 1. MR. BIPIN VRAJLAL SHAH AND ORS.

Judgment text excerpt

F-OJ -10-ARA-3-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 3 OF 2025 WITH INTERIM APPLICATION NO. 1436 OF 2025 IN ARBITRATION APPEAL NO. 3 OF 2025 M/S Sab Developers Through Partners …Appellant i) Mr. Zohar H Zojwalla ii) Sanjay Shamji Gala Versus M/S. Vijay Enterprises Through Partners …Respondents 1. Mr. Bipin Vrajlal Shah & Ors. Mr. Rajesh S. Datar, a/w Druti Datar, Akshay J. Khandarkar, for the Appellant. Mr. Anilkumar Patil, a/w Bhavik Lalan (through VC), Zeel Jain, Digvijay Patil, i/b Sachin Bhavar, for Respondents. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JULY 16, 2025 Oral Judgement: Context and Factual Background: 1. This is an Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“ the Act”), challenging an order dated October 21, 2024 (“Impugned Order”) that rejected an Application of the Appellant filed under Section 8 of the Act before Learned Civil ASHWINI JANARDAN VALLAKATI Digitally signed by ASHWINI JANARDAN VALLAKATI Judge, Senior Division, Kalyan. Date: 2025.07.29 14:16:02 +0530 Page 1 of 15 July 16, 2025 Ashwini Vallakati F-OJ -10-ARA-3-2025.doc 2. The Respondent, M/s. Vijay Enterprises (“Vijay”) entered into a Development Agreement dated April 30, 2004 (“ Development Agreement”) with the ‘Dhone Family’ to develop the suit property belonging to the latter. The Appellant, M/s. Sab Developers (“ Sab”) entered into an agreement dated August 23, 2005 with Vijay, to develop that property (“Subject Agreement”). 3. It is common ground that the Subject Agreement has an arbitration agreement at Clause 23 (page 45). Accordingly, the parties have agreed that all disputes and differences between them in respect of any of the terms and conditions of the Subject Agreement or in respe