M/S MUKESH PATEL AND OTHERS vs PANT NAGAR GANESH KRUPA COOPERATIVE HOUSING SOCIETY LIMITED

Judgment text excerpt

1-CARAP-389-2024 - OJ-F.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 389 OF 2024 SHRADDHA KAMLESH M/s. Mukesh Patel and Ors. ...Applicant TALEKAR Digitally signed by SHRADDHA KAMLESH TALEKAR Versus Date: 2025.10.13 17:46:25 +0530 1) Pant Nagar Ganesh Krupa Cooperative Housing Society Limited 2) Avvad Spaces LLP 3) Shubham Ambience Co-Operative Housing Society Limited …Respondents Mr. Mayur Khandeparkar a/w. Mr. Vikram Garewal, Mr. Aditya Miskita, Mr. Devansh Bheda, Mr. Parth Jasani, Mr. Kartikeya Awasthi i/b M/s. Purnanand & Co., for Applicant. Mr. Dinyar Madon, Senior Advocate a/w. Mr. Ziad Madon and Mr. Shubro Dey, for Respondent No. 2. Mr. Cyrus Ardeshir, Senior Advocate a/w. Roop Basu and Heenal Wadhwa i/b The Law Point, for Respondent No. 3. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : OCTOBER 9, 2025 Oral Judgement: Context and Factual Background: 1. This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking appointment of an arbitral Page 1 of 21 October 9, 2025 1-CARAP-389-2024 - OJ-F.docx tribunal in connection with disputes and differences that would be relatable to an arbitration clause contained in a Development Agreement dated October 15, 2010 (“Development Agreement”) between the Applicant, Mukesh Patel (“Patel”) and Respondent No. 1, Pant Nagar Ganesh Krupa Cooperative Housing Society Limited (“Earlier Society”). 2. The Society has admittedly been merged, among others, into Respondent No. 3, Shubham Ambience Co-Operative Housing Society Limited (“Merged Society”), and therefore, the privity, if any, of the Development Agreement is now between Patel and the Merged Society. 3. Ordinarily, a matter of this nature