BALI EDIFICES LLP vs NEW LOURDES CHAMBERS CO OPERATIVE HOUSING SOCIETY LTD

Judgment text excerpt

909-CARAPL-7802-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION (L) NO. 7802 OF 2025 Bali Edifices LLP …Applicant Versus New Lourdes Chambers Cooperative Housing …Respondent Society Ltd Mr. Amogh Singh, a/w Bhavin Bhatia, for the Applicant. Mr. Atul Damle, a/w S.D. Mishra, A.R. Shaikh, i/b A& D Associates, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JUNE 30, 2025 Oral Judgement: Context and Factual Background: 1. This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( “the Act”), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under an agreement dated March 31, 2016 (“Development Agreement”). The arbitration agreement is Digitally contained in Clause 42 (found at Page 84 of the Application). In the signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2025.07.08 11:07:17 interest of brevity, the arbitration agreement is not being extracted here. +0530 Page 1 of 10 June 30, 2025 909-CARAPL-7802-2025.doc Suffice it to say that this matter falls within the jurisdiction of this Court. 2. There is no dispute that the agreement contains an arbitration agreement. The Applicant is the developer in the said agreement, while the Respondent is the Cooperative Housing Society whose property was meant to be redeveloped. 3. The Respondent terminated the Development Agreement by a notice dated June 30, 2021. This led to the Applicant invoking arbitration by a notice dated August 12, 2021. Consequently, the right to approach this Court under Section 11 of the Act would accrue from the period of thirty days in terms of Section 21 of the