Advani Infrastructures v. Shri Dwarka Co-Operative Housing Society Limited

20-ARBP-80-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 80 OF 2024 Advani Infrastructures

...Petitioner

Versus

Shri Dwarka CHSL & Anr.

...Respondent

Mr. Abhinav Chandrachud, a/w Saurabh Utangale, Sarthak Utangale, i/b Utangale & Co., for the Petitioner. Mr. Karl Tamboly, a/w Chirag Shah, Vishal Acharya, Ekta Dalvi,Shyamsundar Jadhav, Bhavya Shah, i/b Vishal Acharya, for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : OCTOBER 16, 2025 ORDER :

1.

Arbitration Application (L) No.33602 of 2025, which is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") is not on board today but is connected to the Section 9 Petition listed at item 20 on today's Cause-List. By consent of the parties, Section 11 Application is taken on board. 2.

The very existence of the arbitration agreement is questioned on behalf of the Respondent. The agreement on record is signed by 12 ASHWINI JANARDAN VALLAKATI members of the Society, one of whom is the Petitioner, who is also the ASHWINI JANARDAN VALLAKATI Date: 2025.10.18 15:59:18 +0530 Developer. It would be appropriate to call for a reply, since the very October 16, 2025 Ashwini Vallakati

20-ARBP-80-2024.doc existence of the arbitration agreement is in doubt. That apart, it is stated by the Society that a new developer has already been appointed and that the Section 9 Petition which has been filed in 2023 has not gained any traction so far.

3.

In these circumstances, the captioned proceedings are stood over to November 7, 2025 for further consideration. It is made clear that no interlocutory relief has been granted under the Section 9 Petition today as well.

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.] October 16, 2025 Ashwini Vallakati