Manoj Shah Through its power of Attorney holder Ajit Mangaldas Shah v. M/s Sheth and Sonal Developers
Case brief
What is this about?
Bombay High Court, OOCJ — Arbitration Application No. 58 of 2025 with connected Arbitration Applications Nos. 62, 63, 64, 65, 70, 71, 72, 93 and 98 of 2025 (Anil Jogi, Devendra Jogi, Narendra Shah, Haresh Shah, Nutan Shah, Jitendra Shah, Tushar C. Shah, Manoj Shah, Amit Shah and Hiren Gala v. M/s. Sheth and Sonal Developers); Sandeep V. Marne, J.; decided 23 January 2026. Keywords: Section 11 Arbitration and Conciliation Act 1996; redevelopment agreement; housing society; individual member cannot seek independent arbitration reference where Society already arbitrating with Developer; claims to be pressed through Society before Tribunal already constituted; applications disposed of with all rights and contentions left open.
What did the court decide?
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.