Ms Space Master Realtors vs Mulund Sandhyaprakash CHS Ltd

Judgment text excerpt

Neeta Sawant ARBPL 35545 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION (L) NO.35545 OF 2025 M/s. Space Master Realtors …..APPLICANT : VERSUS : Mulund Sandhyaprakash CHS Ltd. & Anr. ….RESPONDENTS Mr. Mayur Khandeparkar with Mr. Vikramjit Garewal, Mr. Vishwanath Patil and Ms. Nidhi Chauhan i/b Mr. Akshay Naidu for the Applicant. Mr. Karl Tamboly with Mr. Ryan D’souza, Mr. Meezan Patel and Ms. Harshada Kamble for Respondent No.2. Mr. Dhruvin J. Modi for Respondent No.1-Society. CORAM : SANDEEP V. MARNE, J. RESERVED ON : 03 FEBRUARY 2026. PRONOUNCED ON : 06 MARCH 2026. JUDGMENT: ISSUE FOR CONSIDERATION 1. This Application, filed under Section 11 of the Arbitration and Conciliation Act, 1996, raises an issue of seminal importance about permissibility to arbitrate the disputes between developer and a dissenting member of cooperative society, who has not signed the development agreement. In the present Application, the developer is ____________________________________________________________________________ PAGE NO. 1 of 94 6 MARCH 2026 Neeta Sawant ARBPL 35545 OF 2025 seeking appointment of arbitrator for adjudication of disputes with a non-signatory member to the development agreement. Developer’s right to seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 against a non-signatory member is well settled. Even though a dissenting member of a society has not signed the development agreement, Court can make interim measures against him as his individual rights remain subservient to the society’s obligations under the development agreement. The issue here is entirely different. Whether developer, who has executed development agreement with the cooperative society, can seek appointmen