Indus Realty Through its Partner Faizan Gubitra vs Dhavalgiri Co… — Arbitration | Bombay HC (2025)

Indus Realty Through its Partner Faizan Gubitra vs Dhavalgiri Co… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

No ad-interim relief granted at this stage; the Court directed that the Respondents be heard first. Petitioner's advocates to serve a copy of the order on the Respondents clarifying that ad-interim relief would be considered on the next date; any activities made subject to the outcome of the Petition; notice returnable on June 18, 2025; matter stood over to June 18, 2025.

Issue for consideration

Whether any ad-interim relief should be granted to the Petitioner in relation to the termination of the Development Agreement effected on April 22, 2024, and whether the Respondents should first be heard before such relief is considered

Court's answer

Considering the length of time since the termination by which the Petitioner is aggrieved, the Court considered it appropriate to hear the Respondents' say before considering any ad-interim relief

Ratio / Principle

Advocates for the Petitioner were directed to serve a copy of the order on the Respondents, making clear that the matter would be heard on the next date to consider any ad-interim relief that is pressed, and that the Court is desirous to hear the Respondents before passing such order

Key takeaways

The Court made clear that any activities (in the context of Respondent No.3, a Developer who may have signed a new Development Agreement with the society) would be subject to the outcome of this Petitionratio¶18
The Registry was directed to issue notice returnable on June 18, 2025ratio¶19
The matter was stood over to June 18, 2025ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Somasekhar Sundaresan, J.), Commercial Arbitration Petition No.284 of 2025, order dated April 29, 2025 — Petition under Section 9 of the Arbitration and Conciliation Act, 1996 by Indus Realty (through its partner Faizan Gubitra) against Dhavalgiri Co-operative Housing Society Ltd., assailing the termination of the Development Agreement effected on April 22, 2024. None appeared for the Respondents; learned counsel for the Petitioner submitted that their absence was despite service and due to evading further service. Considering the length of time since the termination, the Court considered it appropriate to hear the Respondents' say before any ad-interim relief was considered, and declined to pass ad-interim orders ex parte. Advocates for the Petitioner were directed to serve a copy of the order making clear that the matter would be heard on the next date to consider any ad-interim relief pressed, and that the Court desired to hear the Respondents first. The Court noted that Respondent No.3, a Developer, may have signed a new Development Agreement with the society and had absented himself despite service, and made clear that any activities would be subject to the outcome of the Petition. Notice was directed to be issued returnable on June 18, 2025; matter stood over to June 18, 2025.

549.CARBP.284.2025 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION PETITION NO.284 OF 2025

Indus Realty Through Its Partner Faizan Gubitra ….Petitioner Versus Dhavalgiri Co-operative Housing Society Ltd. ….Respondents

Mr. Rohaan Cama a/w. Mr. Kyrus Modi and Ms. Priya Chaubey i/b. Sapana Rachure, Advocate for Petitioner.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 29, 2025

PC :

This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 ( “the Act” ) assailing the termination of the Development Agreement effected on April 22, 2024.

None appears for the Respondents. Learned Counsel for the Petitioner submits that the absence of the Respondents is despite service and also due to their evading further service. However, considering the length of time since the termination by which the Petitioner is aggrieved, it would be appropriate to have the

AARTI GAJANAN PALKAR

Digitally signed by AARTI GAJANAN PALKAR Date: 2025.06.02 12:53:44 +0530

Page 1 of 2 APRIL 29, 2025

Aarti Palkar

549.CARBP.284.2025 copy.docx

Respondents present their say before any ad-interim relief is considered.

In these circumstances, Advocates for the Petitioner shall serve a copy of this order to the Respondents making it clear that the matter would be heard on the next date to consider any ad-interim relief that is pressed and that the Court is desirous to hear the Respondents before it passes such order. It is stated that Respondent No.3 is a Developer, who may have signed a new Development Agreement with the society and who had absented himself despite service. It is made clear that any activities would be subject to outcome in this Petition.

Registry shall also issue notice returnable on June 18, 2025.

Stand over to June 18, 2025.

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.]

Page 2 of 2 APRIL 29, 2025

Aarti Palkar