Mumtaz Ali Fakir Mohammed Mansuri alias Mumtaz Ali Fakir Mohammed Chanded v. Nilofer Nahid Bhujwala
Case brief
What is this about?
Section 9 Arbitration and Conciliation Act 1996 petition; co-operative housing society; member-vs-member flat allotment dispute; flat Nos.904 and 907; flat No.907 admeasuring 570 sq.ft., 9th floor, Building No.37; OC obtained; Pranav Constructions Limited v. Priyadarshini Co-operative Housing Society Ltd. & Ors., Arbitration Appeal (L) No.20093 of 2025 (DB, 14.07.2025) — followed; Section 91 Maharashtra Co-Operative Societies Act 1960; Co-operative Court jurisdiction; members to approach competent court; society to keep flats intact and not hand over possession for four weeks; no liability on society or Developer for delay in possession; Bombay High Court, Ordinary Original Civil Jurisdiction; Bharati Dangre, J.; Interim Application No.6267 of 2025 in Arbitration Petition (L) No.25426 of 2025; disposed 20 November 2025.
What did the court decide?
Petition alongwith its pending Interim Application (No.6267 of 2025) disposed of on the basis of the recorded arrangement: the parties to approach the competent Co-operative Court; the society to keep flat Nos.904 and 907 intact despite the OC having been obtained and not to hand over possession thereof to either party (and to abide by the competent court's directions); with clarification that neither member shall hold the society responsible for delay in possession and no liability for delay in possession shall be fastened upon the Developer.