Ssakash Developers And Builders Private Limited v. Om Jagdish Co Operative Housing Society Limited

by JYOTI PRAKASH PAWAR Date: 2025.03.18 12:05:54 +0530 JYOTI PRAKASH PAWAR JPP 19. COMAP 53.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO. 53 OF 2024 IN COMM. ARBITRATION PETITION (L) NO. 30695 OF 2022 WITH INTERIM APPLICATION (L) NO. 31438 OF 2023 IN COMMERCIAL APPEAL NO. 53 OF 2024 Ssakash Developers and Builders Pvt. Ltd.

... Appellant V/s.

Om Jagdish Co-operative Housing Society Ltd. and Ors.

... Respondents _______________________________________ Mr. Akshay Pawar i/b. Kunal Bhanage for the Appellant Mr. Shreepad Murthy i/b. Abhishek Patil for Respondent No.1 _______________________________________ CORAM : ALOK ARADHE, CJ. AND M.S. KARNIK, J.

DATE : 17th MARCH 2025 P.C. :

1.

This Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed against an order dated 6th October 2023 by which an application preferred by the Respondent under Section 9 of the Arbitration and Conciliation Act, 1996 has been allowed.

2.

The challenge to the aforesaid order is made, inter-alia, on the ground that there is no arbitration agreement between the parties and the deed of assignment and the supplementary agreement are unregistered. 1/2

JPP 19. COMAP 53.2024.doc 3.

The learned Counsel for the Appellant prays for an adjournment on the ground that arguing Counsel is not available. 4.

List after two weeks.

( M.S. KARNIK, J. ) ( CHIEF JUSTICE ) 2/2