Om Jagdish Co-Operative Housing Society Ltd. v. Ssakash Developers and Builders Private Limited
Case brief
What is this about?
BOMBAY HC (OOCJ) | CARAP No.182/2024 with CARP(L) No.30695/2022 | 24-09-2025 | SOMASEKHAR SUNDARESAN, J. | S.11 Arbitration and Conciliation Act 1996 — arbitrator appointed despite parties' advanced-stage settlement plea and request to stand over beyond November 2025; deferred effect four weeks; Justice Sadhana Jadhav (Former Judge) Sole Arbitrator; Development Agreement dated 12-03-2009, arbitration Clause 40; pending S.9 Petition treated as S.17 application, liberty to mould; personal-liability objection of Respondent No.2 (Director of Respondent No.1) left open; no opinion on merits; costs borne equally in first instance.
What did the court decide?
Appointment of Justice Sadhana Jadhav, a Former Judge of this Court, as Sole Arbitrator, with the appointment having deferred effect of four weeks from upload of the order (settlement within that period would obviate reference, failing which arbitration commences); the Section 9 Petition (No.30695 of 2022) taken on Board by consent and to be treated as a Section 17 application by the appointed tribunal, with liberty to the petitioner to mould its contents; both the Section 11 and Section 9 proceedings finally disposed of in terms of directions A]-E], including forwarding of the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks, and arbitral costs/fees borne equally by the parties in the first instance.