Trending :
Lawtext
Search
Login / Register
Sign In
HomeJudgement
Scroll Down To Discover
High Court

Bombay High Court Adjudicates Challenge to Arbitral Award in Slum Redevelopment Agreement Dispute. Petitioner Seeks Setting Aside of Award Under Section 34 of Arbitration and Conciliation Act, 1996.

High Court: Bombay High Court Bench: BOMBAY
Admin
2026-11-05 19:25:45
  • 146
Judgement Image
Font size:
Print

Issue of Consideration

COMMERCIAL ARBITRATION PETITION NO.527 OF 2019

Subscribe to unlock Issue of Consideration Subscribe Now

Case Details

2019 LawText (BOM) (09) 67

Commercial Arbitration Petition No.527 of 2019

2019-09-13

R.D. Dhanuka, J.

2019:BHC-OS:15717

Mahendra Ghelani, Anand Pai, Atman Mehta, Vaishali Shah, Parthvi Gotecha, Aspi Chinoy, Shyam Mehta, Rohan Cama, Parimal K. Shroff, D.V. Deokar, Sachin Pandey, Dhruvesh Parekh

Bombay Slum Redevelopment Corporation Limited

Samir Narain Bhojwani

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Commercial arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside an arbitral award.

Remedy Sought

Petitioner seeks to set aside the arbitral award dated 7 September 2018 and have the respondent's claims dismissed and its own counterclaim allowed.

Filing Reason

The petitioner believed the award was erroneous and liable to be set aside on grounds available under Section 34.

Previous Decisions

The learned arbitrator passed an award on 7 September 2018 allowing all claims made by the respondent (original claimant) and rejecting the counterclaim filed by the petitioner (original respondent).

Judgment Excerpts

By this petition filed under section 34 of the Arbitration & Conciliation Act, 1996 for short “Arbitration Act”), the petitioner has impugned the arbitral award dated 7th September, 2018 passed by the learned arbitrator allowing various claims made by the respondent and rejecting the counter claim filed by the petitioner. Clause 31 of the said agreement provided for an arbitration clause.

Procedural History

The petitioner (Bombay Slum Redevelopment Corporation Limited) and the respondent (Samir Narain Bhojwani) entered into an Agreement for Development on 10 March 2003 for redevelopment of a slum property at Versova Link Road, Andheri, under a slum rehabilitation scheme. Disputes arose regarding the performance of obligations, including provision of project affected persons tenements and obtaining necessary permissions. The matter was referred to arbitration as per the agreement. The arbitrator passed an award on 7 September 2018, allowing the respondent's claims and rejecting the petitioner's counterclaim. Aggrieved by the award, the petitioner filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the Bombay High Court, seeking to set aside the award.

Acts & Sections

  • Arbitration and Conciliation Act, 1996: Section 34
Subscribe to unlock full Legal Analysis Subscribe Now
Tags :
slum redevelopment arbitral award section 34 development agreement tripartite agreement free sale component project affected persons occupation certificate commencement certificate letter of intent CRZ II

Pay once for this file or subscribe for unlimited downloads

Related Judgement
Supreme Court Supreme Court Dismisses Appeal in Kidnapping and Murder Case — Conviction Upheld Based on Strong Circumstantial Evidence. The court found sufficient evidence to support the conviction under Section 364 IPC, establishing intent to murder. 2026-11-08 02:29:12
Related Judgement
Supreme Court Supreme Court Dismisses Appeals in Arbitration Dispute Over Interest Claims. The express bar in the contract regarding interest payments was upheld, confirming the arbitral tribunal's authority to deny interest. 2026-11-08 02:29:09
Categories
Popular Tags
writ petition Murder acquittal natural justice Compensation land acquisition burden of proof jurisdiction limitation circumstantial evidence
Follow Us

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Upholds Petition for Incentive FSI in Redevelopment of Mixed Structures — Cla...

High Court Allows Writ Petition for Pension Benefits Due to Long Service. Court Recognizes...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

Lost Your Password?