SUNTECK REALTORS PRIVATE LIMITED vs BANDRA SEA BREEZE APARTMENT CO OPERATIVE HOUSING SOCIETY LIMITED

Judgment text excerpt

10-CARBPL-30532 OF 2025-OJ.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 30532 OF 2025 Sunteck Realtors Private Limited …Petitioner Versus Bandra Sea Breeze Apartment Co-operative …Respondent SHRADDHA KAMLESH Housing Society Limited TALEKAR Digitally signed by SHRADDHA KAMLESH TALEKAR Date: 2025.10.08 Mr. Janak Dwarkadas, Senior Advocate a/w. Mr. Sharan Jagtiani, 13:56:09 +0530 Senior Advocate, Mr. Karl Tamboly, Mr. Samit Shukla, Ms. Rishika Harish, Ms. Delnavaz Patel and Ms. Yesha Badani i/b Trilegal, for Petitioner. Mr.Navroz Seervai, Senior Advocate a/w. Mr. Mayur Khandeparkar, Mr. Aseem Naphade, Mr. Nishant Chothani, Mr. Nivit Srivastava, Ms. Sneha Patil and Adv. Bhavya R. Shah i/b Maniar Srivastava Associates, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. DATE: OCTOBER 6, 2025 Oral Judgement: Context and Factual Background: 1. This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) in connection with redevelopment of a building envisaged under an instrument titled “Memorandum of Agreed Terms” dated January 29, 2024 (“MOAT”) executed between the Petitioner, Sunteck Realtors Private Limited (“Developer”) and the Page 1 of 27 October 6, 2025 Shraddha 10-CARBPL-30532 OF 2025-OJ.doc Respondent, Bandra Sea Breeze Apartment Co-Operative Housing Society Limited (“Society”). 2. The redevelopment would cover one building occupied by the members of the Society, comprising 16 flats of 16 members including one terrace flat; two buildings occupied by tenants; and two garages and ancillary structures. The parties had envisaged redevelopment under Regulation 33(7)(B) of the Development Control and Promotion Regulation 2034 and went