SHRI. SANJAY BHAGWAN PATIL SOLE PROPRIETOR OF M/S. VIKRANT DEVELOPERS vs 1) RASHIDA SADIQBHAI KALYANWALLA

Judgment text excerpt

903.ARP.28.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.28 OF 2024 Shri. Sanjay Bhagwan Patil Sole Proprietor of M/s Vikrant Developers ….Petitioner Versus Rashida Sadiqbhai Kalyanwalla & Ors. ...Respondents Mr. Ram Apte, Senior Advocate a/w. Sumedh Modak & Harshal Nahata, Advocates for Petitioner. Mr. Kailas Dewal i/b. Mr. Yash Dewal & Mr. Sham Thakur, Advocates for Respondent Nos.1, 3, 5 & 7. Mr. Aneesh Deshpande, Advocate for Respondent Nos.2 and 4. Mr. Atul Damle, Senior Advocate a/w. Ms Druti Datar, Advocate for Respondent No.9. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JULY 09, 2025 ORAL JUDGMENT : 1. This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) in connection with a Development Agreement dated September 24, 2007 (“Agreement”). The arbitration agreement is contained in Clause No.15 (Found at Page No.34 of the Petition) of the Agreement. The parties intended to have a named arbitrator but have left the name blank in the clause. Consequently, the Petitioner requests this Court to appoint an arbitrator. Page 1 of 8 JULY 09, 2025 Aarti Palkar 903.ARP.28.2024.doc 2. The Development Agreement in question came to be terminated on October 15, 2020. Aggrieved by the same, the invocation notice was issued by the Petitioner on November 10, 2023. 3. Shortly thereafter, the counterparties of the Petitioner who were signatories to the Development Agreement effected a conveyance of the very same property in favour of one M/s Say-Sai Infra. The Petitioner has taken out an Interim Application (Stamp) No.34192 of 2024 to implead the said transferee of the same property as proposed Respondent No.9. While the agreement for sale with Respondent No. 9 was executed on December 28, 20