Bombay High Court Grants Interim Injunction in Arbitration Dispute Over Saleable FSI and Possession of Property. Court restrains respondents from alienating saleable FSI and disturbing possession pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The petitioners, Atul Resorts and Hospitality India Pvt. Ltd. and Atul Projects India Ltd., filed two arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pending arbitration against the respondents, Lucky Developers and others. The dispute arose from development agreements concerning slum rehabilitation properties. The petitioners claimed that the respondents had agreed to sell them balance saleable FSI of 2,78,973 sq.ft. and that the petitioners were in possession of certain land. The petitioners sought an injunction restraining the respondents from alienating the saleable FSI and from disturbing their possession. The court considered the submissions and found that the petitioners had made out a prima facie case, the balance of convenience was in their favour, and they would suffer irreparable loss if the relief was not granted. The court granted interim relief restraining the respondents from selling, alienating, encumbering, or creating any rights in respect of the saleable FSI and from disturbing the petitioners' possession of the property described in the schedule, except in accordance with law. The court directed that the interim relief would continue until the disposal of the arbitration proceedings or until further orders.

Headnote

A) Arbitration - Interim Measures - Section 9 of the Arbitration and Conciliation Act, 1996 - Injunction restraining alienation of saleable FSI and possession - Petitioners sought interim relief pending arbitration based on development agreements - Court held that a prima facie case exists, balance of convenience is in favour of petitioners, and irreparable loss would be caused if relief not granted - Respondents restrained from selling, alienating, or encumbering saleable FSI and from disturbing petitioners' possession (Paras 1-10).

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Issue of Consideration

Whether the petitioners are entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, restraining the respondents from alienating saleable FSI and disturbing possession of the property pending arbitration.

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Final Decision

The court allowed the petitions and granted interim relief restraining the respondents from selling, alienating, encumbering, consuming, transferring, or creating any rights in respect of the saleable FSI generated from the slum rehabilitation property, and from disturbing the possession of the petitioners over the property described in the schedule, except in accordance with law. The interim relief to continue until the disposal of the arbitration proceedings or until further orders.

Law Points

  • Section 9 of the Arbitration and Conciliation Act
  • 1996
  • interim measures
  • prima facie case
  • balance of convenience
  • irreparable loss
  • arbitration agreement
  • development agreement
  • saleable FSI
  • slum rehabilitation
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Case Details

2012 LawText (BOM) (04) 96

Arbitration Petition No. 649 of 2011 and Arbitration Petition No. 650 of 2011

2012-04-09

Anoop V. Mohta, J.

2012:BHC-OS:5539

Mr. Roop M. Vasudeo for the petitioners; Mr. Ashish Kamat with Ms. Usha Rahi i/by Mayur Narendra & Co. for the respondents.

Atul Resorts and Hospitality India Pvt. Ltd. and Atul Projects India Ltd.

Lucky Developers and 11 Ors.

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Nature of Litigation

Arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief pending arbitration.

Remedy Sought

Petitioners sought injunction restraining respondents from selling, alienating, encumbering, or creating rights in respect of saleable FSI and from disturbing petitioners' possession of property.

Filing Reason

Dispute arising from development agreements regarding slum rehabilitation properties; respondents allegedly failed to honour agreement to sell balance saleable FSI and threatened to disturb possession.

Issues

Whether the petitioners are entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Submissions/Arguments

Petitioners argued that they have a prima facie case, balance of convenience in their favour, and would suffer irreparable loss if relief not granted. Respondents opposed the relief, but specific arguments not detailed in the judgment.

Ratio Decidendi

Under Section 9 of the Arbitration and Conciliation Act, 1996, the court may grant interim measures if the applicant establishes a prima facie case, balance of convenience in their favour, and likelihood of irreparable loss. In this case, the petitioners demonstrated these elements based on the development agreements and the threat of alienation of saleable FSI and disturbance of possession.

Judgment Excerpts

Both these Petitions are under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) filed by the common Petitioners against the common Respondents, based upon the arbitration agreement of development of the common properties as described in the Petition.

Procedural History

The petitions were filed under Section 9 of the Arbitration and Conciliation Act, 1996. The court reserved judgment on March 16, 2012, and pronounced it on April 9, 2012.

Acts & Sections

  • Arbitration and Conciliation Act, 1996: Section 9
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