Nutan Shah v. M/s Sheth and Sonal Developers
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 applications (Arbitration Application Nos. 58, 62, 63, 64, 65, 70, 71, 72, 93, 98 of 2025) by individual society members against developer M/s. Sheth and Sonal Developers under a Redevelopment Agreement; Bombay High Court OOCJ, Sandeep V. Marne, J., 23 January 2026; held that individual members cannot seek independent arbitration reference when the Society is already arbitrating with the Developer before a Tribunal already constituted; claims to be pressed through the Society; applications disposed of leaving all rights and contentions open.
What did the court decide?
The Arbitration Applications were disposed of leaving open all rights and contentions of the parties; no independent arbitration reference was granted, and the Applicants were pointed to pressing their claims through the Society before the Tribunal already constituted.