Sadashiv Chitanmani Agalave And ORS. v. M/S. Shubham Developers, Thane And ORS.

18-ARA-101-2024 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 101 OF 2024 WITH INTERIM APPLICATION NO. 15116 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.03.05 18:13:55 +0530 IN ARBITRATION APPEAL NO. 101 OF 2024 SHRADDHA KAMLESH TALEKAR WITH INTERIM APPLICATION NO. 15117 OF 2024 IN ARBITRATION APPEAL NO. 102 OF 2024 Sadashiv Chitanmani Agalave And Ors.

...Appellants

Versus

M/s. Shubham Developers, Thane And Ors.

...Respondents

WITH INTERIM APPLICATION NO. 15117 OF 2024 IN ARBITRATION APPEAL NO. 102 OF 2024 Arvind Ratanchand Jain & Ors.

...Applicants/Appellants

Versus

M/s. Shubham Developers, Thane And Ors.

...Respondents

Mr. Mandar Soman (through VC) a/w. Ms. Minakshi Surve, for Appellants.

Ms. Aashutosh M. Dube a/w. Khushi Gupta i/b Madhukar Darkar, for Respondent Nos. 1 to 3.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : March 3, 2025 March 3, 2025 Shraddha

18-ARA-101-2024 copy.docx P. C.

1.

These are appeals under Section 37 of the Arbitration and Conciliation of the Act, 1996.

2.

Learned Counsel for the Appellants has tendered Written Submissions. Learned Counsel for the Respondents has also submitted case law on how allegations of fraud would lead to the dispute being non-arbitrable. Taking the same on record, judgement is reserved.

3.

Written Submissions shall also be e-filed in the system, no later than one week from today.

4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] March 3, 2025 Shraddha