Gurdip Singh Joginder Singh Bhatti vs Bhairavi Co-Operative Housing Society Ltd. — Bombay HC (2025) — LawSathi Research

Gurdip Singh Joginder Singh Bhatti vs Bhairavi Co-Operative Housing Society Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: Respondent No.1-Society to file a specific affidavit stating the factual position (regarding the four flats due to MDH Development Corporation) no later than March 28, 2025; matters listed on the Supplementary Board on April 1, 2025; counsel directed to intimate the Society and its office bearers of the order without waiting for website upload and to act on the downloaded website copy. The petitions themselves were not finally adjudicated.

Issue for consideration

What is the actual status of the four flats due to MDH Development Corporation out of the seven-floor built structure — the record does not show what precisely has been done despite acknowledgement in the Society's Minutes of Meeting as long ago as August 2024. +1 more

Ratio / Principle

The Court directed Respondent No.1-Society to file a specific affidavit stating the factual position no later than March 28, 2025, and listed the matters on the Supplementary Board on April 1, 2025.

Key takeaways

Learned counsel for the parties were directed to intimate Respondent No.1-Society and its current office bearers about the passing of this order without waiting for a copy to be uploaded on the website, and to follow it up with a copy of the order as and when uploaded.ratio¶30
All actions required to be taken pursuant to this order are to be taken upon receipt of a downloaded copy as available on the Court's website.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), single Judge (Somasekhar Sundaresan, J.), interim order dated March 21, 2025 in three arbitration petitions against Bhairavi Co-operative Housing Society Ltd.: Arbitration Petition No. 58 of 2024 (Mayank Anil Khandwala), Arbitration Petition (L) No. 36324 of 2022 (MDH Development Corporation) and Arbitration Petition No. 67 of 2024 (Gurdip Singh Joginder Singh Bhatti). Minutes of the Society's Special General Body Meeting held on August 18, 2024, tendered at the hearing, were taken on record; they acknowledge that the four flats due to MDH Developers would be given out of the seven-floor built structure, but the status of what precisely has been done is not available on record. The flat-purchaser Petitioners in Nos. 58 and 67 submitted that the hearing was the first time they learnt of these Minutes. The Society was directed to file a specific affidavit stating the factual position by March 28, 2025, and the matters were listed on the Supplementary Board for April 1, 2025; counsel were directed to serve the order on the Society and its office bearers without waiting for website upload and to act on the downloaded website copy.

908-ARBP-58-2024+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

ARBITRATION PETITION NO. 58 OF 2024

Mayank Anil Khandwala …Petitioner

Versus

Bhairavi Co Operative Housing Society Ltd. & Ors. …Respondents

WITH

ARBITRATION PETITION (L) NO.36324 OF 2022

MDH Development Corporation …Petitioner

Versus

Bhairavi Co-Operative Housing Society Ltd. …Respondent

WITH

ARBITRATION PETITION NO. 67 OF 2024

Gurdip Singh Joginder Singh Bhatti …Petitioner

Versus

Bhairavi Co-Operative Housing Society Ltd. …Respondent

Mr. Manan Bindora, i/b M/s. Markand Gandhi & Co., for the Petitioner in ARBP/58/2024.

Mr. Abhishek R. Tembe, for Petitioner ARBP/67/2024.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : MARCH 21, 2025

PC :

It is appropriate to call for a specific affidavit stating the factual position from Respondent No.1-Society, namely, Bhairavi CoOperative Housing Society Ltd. The Minutes of Meeting of a Special General Body Meeting held on August 18, 2024 have been tendered by

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Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2025.03.21 16:40:54 +0530

March 21, 2025

Ashwini Vallakati

908-ARBP-58-2024+.doc

Learned Counsel for the parties who appeared today, and the same is taken on record. It is seen from the said Minutes of Meeting that as long ago as August 2024, while acknowledging that the four flats are due to be given to MDH Developers would be given out of the seven floor built, the status of what precisely has been done is not available on record.

Learned Counsel for the Petitioners in Arbitration Petition No. 58 of 2024 and Arbitration Petition No. 67 of 2022 are purchasers of two out of such four flats to which MDH development is entitled. Learned Counsel for these Petitioners submit that today is the first time they came to know about these Minutes of Meeting.

In these circumstances, it is necessary to call for affidavit from the Respondent No.1-Society, which shall be filed no later than March 28, 2025. List on the Supplementary Board on April 1, 2025 .

Learned Counsel for the parties are directed to intimate the Respondent No.1-Society and its current office bearers about the passing of this order without waiting for a copy to be uploaded on the website and also follow it up with the copy of the order as and when it is uploaded on the website.

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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Ashwini Vallakati