Pioneer Construction vs Sahakar Nagar Cooperative Housing Society

Judgment text excerpt

2026:BHC-OS:10572 Megha 904_carbpl_13956_2026_fc.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO.13956 OF 2026 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.14176 OF 2026 M/s. Pioneer Constructions, ...Petitioner V/s. Sahakarnagar Co-operative Housing Society Ltd. ...Respondent ________________ Mr. D.D. Madon, Senior Advocate and Mr. Ashish Kamat, Senior Advocate with Mr. Shakeeb Shaikh, Ms. Sachi Lodha, Mr. Aftab Diamondwala & Ms. Trushti Talekar i/b. M/s. Diamondwala & Co. for the Petitioner. Mr. Chaitanya Chavan with Mr. Nikhil Jayakar i/b. Mr. Ankit Dubey for the Respondent. ________________ CORAM: SANDEEP V. MARNE, J. Reserved on: 22 APRIL 2026. Pronounced on: 24 APRIL 2026 Judgment : 1) Commercial Arbitration Petition (L) No.13956 of 2026 filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) seeking interim measures before commencement of the arbitral proceedings. Page No.1 of 26 24 April 2026 Megha 904_carbpl_13956_2026_fc.odt 2) Commercial Arbitration Application (L) No.14176 of 2026 is filed under Section 11 of the Arbitration Act for appointment of Arbitrator. It is not on board. At the request of the learned counsel appearing for the Applicant, the Application is taken on board for analogous hearing with Commercial Arbitration Petition (L) No.13956 of 2026. 3) Section 9 Petition is filed under an apprehension that the Respondent-Society is likely to execute Development Agreement with the new Developer. The Society has already adopted resolution in General Body Meeting held on 10 January 2026 appointing a new developer. Further Special General Body Meeting (SGBM) was scheduled to be held on 23 April 2026 for finalising draft of Development Agreement t