Anil Jogi vs Sheth And Sonal Developers — Arbitration | Bombay HC (2026)

Anil Jogi vs Sheth And Sonal Developers — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

No independent Arbitral Tribunal constituted for the Applicants; the Applications are disposed of leaving open all rights and contentions of the parties, with the observation that the Applicants may press their claims through the Society before the Tribunal already constituted.

Issue for consideration

Whether an individual member of the Society can be permitted to seek an independent reference to arbitration under Section 11 when the Society is already arbitrating with the Developer before a Tribunal already constituted. +1 more

Court's answer

Considering the peculiar circumstances of the case, an individual member of the Society cannot be permitted to seek an independent reference to arbitration when the Society is already arbitrating with the Developer.

Ratio / Principle

The Applicants may press their claims through the Society before the Arbitral Tribunal already constituted.

Detailed headnote1 paragraphs

Arbitration Application No.58 of 2025 (with connected Arbitration Applications Nos. 62, 63, 64, 65, 70, 71, 72, 93 and 98 of 2025) - ten individual members of a society (Anil Jogi, Devendra Jogi, Narendra Shah, Haresh Shah, Nutan Shah, Jitendra Shah, Tushar C. Shah, Manoj Shah through its power of attorney holder Ajit Mangaldas Shah, Amit Shah and Hiren Gala) applied under Section 11 of the Arbitration and Conciliation Act, 1996 for constitution of an Arbitral Tribunal against developer M/s. Sheth and Sonal Developers, the disputes arising out of a Redevelopment Agreement executed by the Society. Counsel for the Applicants conceded that an Arbitral Tribunal had already been constituted at the Society's behest and that the Society had raised claims against the Developers, including some of the Applicants' claims. Held: considering the peculiar circumstances, an individual member of the Society cannot be permitted to seek an independent reference to arbitration when the Society is already arbitrating with the Developer; the Applicants may press their claims through the Society before the Tribunal already constituted. Applications disposed of, leaving open all rights and contentions of the parties. - Sandeep V. Marne, J.; 23 January 2026.

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

ARBITRATION APPLICATION NO.58 OF 2025

Anil Jogi ....Applicant V/S

M/s. Sheth and Sonal Developers ....Respondents

WITH ARBITRATION APPLICATION NO.64 OF 2025

Devendra Jogi ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents WITH ARBITRATION APPLICATION NO.70 OF 2025 Narendra Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH ARBITRATION APPLICATION NO.98 OF 2025

Haresh Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH ARBITRATION APPLICATION NO.62 OF 2025

Nutan Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH

ARBITRATION APPLICATION NO.71 OF 2025

Jitendra Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH

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ARBITRATION APPLICATION NO.63 OF 2025

Tushar C. Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH

ARBITRATION APPLICATION NO.93 OF 2025

Manoj Shah its power of attorney holder Ajit Mangaldas Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH ARBITRATION APPLICATION NO.65 OF 2025

Amit Shah ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents

WITH ARBITRATION APPLICATION NO.72 OF 2025

Hiren Gala ....Applicant V/S M/s. Sheth and Sonal Developers ....Respondents _________

Ms. Krupa R. Parekh for the Applicants. Mr. Sahil Saiyed with Mr. Somesh Pathak for Respondent No.1.

CORAM : SANDEEP V. MARNE, J. DATE : 23 JANUARY 2026.

P.C.:

These are Applications filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( the Arbitration Act ) for constitution of katkam Page No. 2 of 3

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Arbitral Tribunal for adjudication of disputes and differences between the Applicants and the Respondent/Developer arising out of Redevelopment Agreement executed by the Society.

As the hearing of the Applications progressed, Ms. Parekh, the learned counsel appearing for Applicants fairly concedes to the position that at the behest of Society, Arbitral Tribunal has already been constituted and the Society has already raised claims against Developers which include some of the claims of the Applicants. She however submits that the Society has raised a conservative claim. It would be for the Applicants to satisfy the Society if the claim raised by it does not cover all the grievances of the Applicants.

Considering the peculiar circumstances of the case, individual member of the Society cannot be permitted to seek independent reference to arbitration when the Society is already arbitrating with the Developer. The Applicants may accordingly press their claims through the Society before the Tribunal already constituted.

Accordingly, the present Applications are disposed of leaving open all rights and contentions of the parties.

(SANDEEP V. MARNE, J.)

Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2026.01.27 16:21:54 +0530

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