Jitendra Shah v. M/s Sheth and Sonal Developers
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996; Bombay High Court, Ordinary Original Civil Jurisdiction; Arbitration Applications Nos. 58, 62, 63, 64, 65, 70, 71, 72, 93 and 98 of 2025; constitution of Arbitral Tribunal; redevelopment agreement disputes; housing society versus developer M/s. Sheth and Sonal Developers; individual members cannot seek independent arbitral reference where the Society is already arbitrating with the Developer; individual claims to be pressed through the Society before the Tribunal already constituted; Applications disposed of leaving open all rights and contentions; Sandeep V. Marne, J.; 23 January 2026; counsel: Krupa R. Parekh (Applicants), Sahil Saiyed with Somesh Pathak (Respondent No.1).
What did the court decide?
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.