Mayank Anil Khandwala vs Bhairavi Co. Operative Housing Society Ltd. and 3 Ors. — Bombay HC (2025) — LawSathi Research

Mayank Anil Khandwala vs Bhairavi Co. Operative Housing Society Ltd. and 3 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Handover of Flat Nos.A-101, A-103, B-602 and B-502 to MDH Development Corporation; payment to MDH Development Corporation of the members' share of escalation/completion costs; admission of the purchasers of Flat Nos. A-101 and A-103 as members of the society within three weeks; all actions pursuant to the order to be taken on receipt of a downloaded copy from the Court's website.

Ratio / Principle

The affidavit dated April 4, 2025 of Mahesh R. Soni was taken on record, confirming that Flat Nos.A-101, A-103, B-602 and B-502 will be handed over to MDH Development Corporation, with certain escalation and costs payable by the members towards completion of the project.

Key takeaways

Costs attributed as payable by MDH Development Corporation, if proportionate and commensurate with the portion of costs attributable to the other members, are to be paid to MDH Development Corporation at the earliest.ratio¶¶20
The purchasers of Flat No. A-101 and A-103 are to be made members of the society, with all such activity completed within three weeks.ratio¶¶21
In these circumstances, nothing survives in these proceedings.ratio

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Somasekhar Sundaresan, J., 7 April 2025 — Arbitration Petition No. 58 of 2024 (with Arbitration Petition (L) No. 36324 of 2022 and Arbitration Petition No. 67 of 2024), Mayank Anil Khandwala v. Bhairavi Co.operative Housing Society Ltd. & Ors.: The Court took on record an affidavit dated April 4, 2025 of Mr. Mahesh R. Soni confirming that Flat Nos.A-101, A-103, B-602 and B-502 will be handed over to MDH Development Corporation, with escalation/completion costs payable by members; costs attributable to MDH, if proportionate to those of other members, to be paid to MDH at the earliest; the purchasers of Flat Nos. A-101 and A-103 to be admitted as members of the society within three weeks; nothing surviving, all the petitions were disposed of.

907-ARBP-58-2024 @ Ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB

ORDINARY ORIGINAL CIVIL JURISDICTION

Digitally signed byPURTI PRASAD PARAB Date: 2025.04.22 11:33:49 +0530

ARBITRATION PETITION NO. 58 OF 2024

Mayank Anil Khandwala Versus

Bhairavi Co.operative Housing Society Ltd. and Ors.

…Petitioner

…Respondents

ALONGWITH ARBITRATION PETITION (L) NO. 36324 OF 2022 ALONGWITH ARBITRATION PETITION NO. 67 OF 2024

Mr. Piyush Raheja a/w Mr. Manan Bhindora and Mr. Deep Thakkar i/b Markand Gandhi & Co. for the Petitioner in ARBP/58/2024. Mr.Vishal Phal i/b Mr. Kunal Damle for the Petitioner in ARBPL/36324/2022.

Mr. Tushar Gujjar a/w Mr. Deepak Singh i/b S.L.Partners for Respondent No.1 in ARBP/58/2024 and ARBP/67/2024.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : APRIL 7, 2025

PC :

An affidavit dated April 4, 2025 executed by one Mr. Mahesh R. Soni is taken on record. The said affidavit on behalf of the Petitioner confirms that Flat Nos.A-101, A-103, B-602 and B-502 (this flat has been wrongly numbered in the affidavit and Learned Counsel submits that it should be corrected as Flat No. B-502) will be handed over to MDH Development Corporation. It is also stated that there may be certain escalation and costs payable by the members towards completion of the project. Learned Counsel for MDH Development Corporation submits that should the costs attributed as been payable by the MDH Development

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907-ARBP-58-2024 @ Ors.doc

Corporation be proportionate and commensurate with the portion of the costs attributable to the other members then there will not be quarrel about the same. The costs be paid to MDH Development Corporation at the earliest so that this matter can be put to rest.

Learned Counsel for the purchaser of Flat No. A-101 and A-103 submits that the Consent Terms also be required that they be made the members of the society. Learned Counsel for the society confirms that these two persons shall be made members of the society. Learned Counsel for the society submits that all such activity shall be completed within a period of three weeks from today. In these circumstances, nothing survives in these proceedings.

3. All the Petitions stands disposed of.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[SOMASEKHAR SUNDARESAN, J.]

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