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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

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2026-09-07 19:49:33

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Issue of Consideration

COMMERCIAL ARBITRATION PETITION NO.527 OF 2019

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

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

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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.

Issue of Consideration

Case Details

Nature of Litigation

Remedy Sought

Filing Reason

Previous Decisions

Judgment Excerpts

Procedural History

Acts & Sections

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