SHADAB YUSUF MUKADAM AND 14 ORS vs MOHAMMED ALI MOHAMMED SALIH DECEASED THROUGH LH A TO E AND ANR

Judgment-CARBP-3903-23+5353 - FINAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CHAITANYA ORDINARY ORIGINAL CIVIL JURISDICTION ASHOK JADHAV 2023. Mr. Mutahhar Khan i/b. Lokesh Zade for Petitioners in CARBPL/5353/2023. Mr. Simil Purohit, Senior Advocate a/w. Mr. Rishikesh Soni i/b. Ashok Purohit & Co., for Respondent No.2 March 5, 2026 Chaitanya Judgment-CARBP-3903-23+5353 - FINAL.doc CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : JANUARY 17, 2026. PRONOUNCED ON : MARCH 5, 2026. JUDGEMENT : 1. The Commercial Arbitration Petition (L) No. 3903 of 2023 is a Petition filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”), challenging orders passed by the Learned Arbitral Tribunal on February 14, 2019 (“First Impugned Order”) and December 15, 2022 (“Second Impugned Order”), under Section 17 of the Act (collectively, “Impugned Orders”). This Petition is filed by the legal heirs of the original Petitioner (“Owner”), late Mohammed Ali M. Sali, who are aggrieved by the Learned Arbitral Tribunal refusing to hand over the possession of 16 flats developed by the Respondent, Rajaram Chavan Real Estate Private Limited (“Developer”), as an interlocutory measure pending