Case Note & Summary
The case involved a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, along with thirty-one interim applications. The petitioner, Mulund Raviraj Co-operative Housing Society Ltd., sought interim measures against the respondent developer, M/s Rupji Constructions, a partnership firm, and its partners, late Madhukar Rupji and Tejal Rupji. The dispute arose from a Development Agreement dated May 2, 2013, which contained an arbitration clause. The Section 9 petition, filed on October 6, 2017, requested reliefs including an injunction against creation of third-party rights, directions to pay statutory dues, disclosure of assets, and a deposit of Rs. 7 crores. Over time, the court passed various orders directing disclosure of assets, injunctions, attachment and sale of assets such as houses, cars, and watches, and deposit of the proceeds with the court. Approximately Rs. 11 crores accumulated as deposits. On September 2, 2024, a sole arbitrator was appointed under Section 11 of the Act. The Society filed its Statement of Claim on January 17, 2025, and a Section 17 application for interim measures on August 23, 2025. The arbitral tribunal passed a Section 17 order on February 4, 2026, which was subsequently challenged under Section 37. Multiple interim applications by non-parties to the arbitration agreement were also filed. The judgment, delivered on April 29, 2026, disposed of the Section 9 petition and all pending interim applications, though specific legal findings and final directions were not detailed in the extracted fragment.
Issue of Consideration
COMMERCIAL ARBITRATION PETITION NO.559 OF 2017
Case Details
2026 LawText (BOM) (04) 90
Commercial Arbitration Petition No. 559 of 2017
Somasekhar Sundaresan, J.
Tushar Dahibawkar, Vikhil Dhoka, Abhijit Mukherjee, Shadab Jan, Sujit Lahoti, Tejasvi Nakashe, Nidhi M. Jain, Dormaan J. Dalal, Shirley Mody, Ankita Singhania, Akshay K., Shivprasad D. Borade, Sayli Apte, Sunita S. Warang, Dinesh Sanap, Mandar Nalawade
Mulund Raviraj Co-Operative Housing Society Ltd.
Rupji Constructions & Anr.
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Nature of Litigation
The petitioner housing society filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures against the respondent developer in relation to disputes under a development agreement.
Remedy Sought
The society sought injunctions against creation of third party rights, directions to pay statutory dues, disclosure of assets, and deposit of Rs. 7 crores.
Filing Reason
Disputes and differences arose between the society and the developer under the development agreement dated May 2, 2013.
Previous Decisions
Prior orders directed disclosure of assets, injunctions, attachment and sale of assets, and deposit of proceeds. An arbitral tribunal was appointed on September 2, 2024, and passed a Section 17 order on February 4, 2026, which was challenged under Section 37.
Judgment Excerpts
This judgement will dispose of Commercial Arbitration Petition No. 559 of 2017 ( “ Section 9 Petition ”), filed under Section 9 of the Arbitration and Conciliation Act, 1996 ( “ the Act ”) and no less than 31 Interim Applications filed in it.
The Section 9 Petition was originally filed in connection with disputes and differences between the Petitioner, Mulund Raviraj Co-operative Housing Society Ltd. ( “ Society ” ) and Respondent No.1, M/s Rupji Constructions ( “ Developer ” ), a partnership firm, with the partners being the other Respondents, Late Mr. Madhukar Rupji ( “ Madhukar ” ) and his son, Mr. Tejal Rupji ( “ Tejal ” ).
In all, a sum of over Rs. ~11 crores is said to be lying in deposit with the Court in the Section 9 proceedings.
Procedural History
The Section 9 petition was filed on October 6, 2017. Various orders passed thereafter directed disclosure of assets, injunctions, and attachment and sale of assets. An arbitral tribunal was appointed on September 2, 2024. The society filed its Statement of Claim on January 17, 2025, and a Section 17 application on August 23, 2025. The tribunal passed a Section 17 order on February 4, 2026, which was challenged under Section 37. Multiple interim applications were filed by non-parties.
Acts & Sections
- Arbitration and Conciliation Act, 1996: 9, 17, 37, 11
