Arun Bhoomi Corporation vs Jagruti Developers

ik-126072178 Bombay High Court 17 December 2024 • 44 min read

Judges (1)

Parties (11)

Arun Bhoomi Corporation Petitioner Jagruti Developers Respondent Damini Kanhaiyalal Joshi Respondent Dhulabhai Baldaniya Respondent Karan Kanhaiyalal Joshi Respondent Kishor Shah Respondent Madan Gupta Respondent Nirmala Kanhaiyalal Joshi Respondent Pinky Kanhaiyalal Joshi Respondent Ramashish Gopal Gupta Respondent Vijay Kanhaiyalal Joshi Petitioner

Case Significance

Arun Bhoomi Corporation vs Jagruti Developers is a Bombay High Court decision dated December 17, 2024 (citation: ik-126072178). Arun Bhoomi Corporation challenged an interim order passed by the arbitral tribunal majority under Section 17 of the Arbitration Act in a real estate partnership dispute involving Kandivali property development. The Court found the tribunal majority erred by deciding the issue of termination which was not put in issue in the interim application, and failed to apply settled principles for interim relief (prima facie case, balance of convenience, and irreparable injury). The Section 37 arbitrat The case was heard by Justice Arif S. Doctor.

Summary

Arun Bhoomi Corporation challenged an interim order passed by the arbitral tribunal majority under Section 17 of the Arbitration Act in a real estate partnership dispute involving Kandivali property development. The Court found the tribunal majority erred by deciding the issue of termination which was not put in issue in the interim application, and failed to apply settled principles for interim relief (prima facie case, balance of convenience, and irreparable injury). The Section 37 arbitration petition was allowed and the impugned interim order was set aside.

What was the outcome of Arun Bhoomi Corporation vs Jagruti Developers?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-126072178)