Sangvi Lifespace Pvt. Ltd. v. Megh Mahal Chsl
Case brief
What is this about?
Section 37 challenge to Section 17 refusal of interim injunction; termination of development agreement and supplementary agreement; redevelopment of co-operative housing society property; amalgamation of adjoining plot; FSI/TDR; IOD rendered unusable by stay on MCGM demolition; force majeure suspension versus specific performance; damages as adequate alternate remedy; loss of confidence; Wander v. Antox plausibility standard; appellate restraint against substituting plausible views; Bombay High Court; Somasekhar Sundaresan J.; Sangvi Lifespace Pvt. Ltd.; Megh Mahal Co-operative Housing Society Ltd.; Samarpan Homes and Developers.
What did the court decide?
An appellate court exercising power under Section 37 of the Act to review the exercise of discretion by an Arbitral Tribunal is guided by the Wander v. Antox principle: it may interfere only if the discretion was exercised arbitrarily, capriciously or perversely, and must not substitute its own plausible view for the tribunal's reasonably possible view.