Zubeda Mohammed Arif Shaikh v. Mohammed Arif Shaikh
Arbitration – S.11 application – maintainability
Case brief
What is this about?
Bombay High Court (OOCJ), Arbitration Application No.276 of 2025, decided 3 October 2025 by Gautam A. Ankhad, J. Applicant Zubeda Mohammed Arif Shaikh (wife of Respondent No.1 Mohammed Arif Shaikh, Secretary of Respondent No.2-Society) sought, under Section 11 of the Arbitration and Conciliation Act, 1996, to invoke the arbitration clause of the Development Agreement dated 21st March 2024 between Respondent No.3 (Developer) and Respondent No.2 (Society) to settle personal disputes with her husband over entitlement/possession under a proposed PAAA. Held: application not maintainable - no arbitration agreement between Applicant and Respondents; dismissed; Applicant directed to other remedies; free to sign PAAA on members' terms. Search terms: Section 11 maintainability; no arbitration agreement; non-signatory; Development Agreement; PAAA; permanent alternate accommodation; society-developer arbitration clause; joint ownership of two flats (counsel's submission).