PRANAV CONSTRUCTIONS LIMITED vs PRIYADARSHINI CO OPERATIVE HOUSING SOCIETY LIMITED

Judgment text excerpt

5.ARBP.175.2025 (corrected).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.175 OF 2025 Pranav Constructions Limited ….Petitioner Versus Priyadarshini Co-operative Housing Society Limited & Ors. ...Respondents Adv. Harsh L. Behany a/w. Ms Prachi Sanghvi i/b. HN Legal, Advocates for Petitioner. Mr. Yash Dhakad, Advocate for Respondent No.1-Society. Mr. Rajiv Narula a/w. Ms. Nidhi Loya i/b. Jhangiani Narula & Associates, Advocate for Respondent No.2. Mr. Allen Mathew i/b. Jamshed Ansari, Advocate for Respondent Nos.3 & 4. Mr. Jaydeep Deo a/w. Onkar Gawade, Advocate for Respondent Nos.5 & 6. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JUNE 20, 2025 ORAL JUDGMENT : Digitally signed by AARTI Context and Background: AARTI GAJANAN GAJANAN PALKAR PALKAR Date: 2025.07.02 13:32:58 +0530 1. This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking certain reliefs, primarily in Page 1 of 17 June 18, 2025 Aarti Palkar (This order is corrected pursuant to the Speaking to the Minutes of Oral Judgment dated June 26, 2025.) 5.ARBP.175.2025 (corrected).doc the nature of seeking the exercise of the Court's power to ensure that certain members vacate their premises and hand over the same to the Petitioner (“Developer”) in connection with the redevelopment of the building of Respondent No. 1 (“Society”). 2. The Developer and the Society have executed a development agreement dated March 12, 2025 (“Agreement”). The Developer was selected in 2022, and the parties have eventually executed the Agreement. Overall, the Society has 23 members, who amongst them, own 16 residential flats, 6 garages, with one member owning commercial premises. Commercial activity has been carried out in some of the garage