Case Note & Summary
The petitioner, Polestar Realtors Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against respondents, who are members of Rachana Cooperative Housing Society Ltd. The petitioner claimed to be the owner of the land leased to the society and had entered into a development agreement dated 26 December 2023 for redevelopment. After obtaining necessary approvals, the petitioner issued notices to vacate, but respondents Nos.2 to 26 refused to hand over possession of their flats, obstructing the redevelopment. The petitioner argued that these members were in breach of the development agreement, particularly clauses 15.2 and 15.3, and sought directions for vacation and appointment of a court receiver. Respondents Nos.19 to 26 contended that respondent No.24 had been earlier appointed as developer and the termination of that agreement was challenged in Commercial Suit No.409 of 2017, where no interim order was passed. The court heard arguments but the judgment text is incomplete, and the final decision is not available.
Issue of Consideration
Whether the petitioner is entitled to interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 pending arbitration; whether respondent Nos.2 to 26 are in breach of the Development Agreement dated 26 December 2023 requiring them to vacate their flats; whether the existence of a prior terminated development agreement with respondent No.24 affects the petitioner's rights.
