Ms Space Master Realtors vs Mulund Sandhyaprakash Chs Ltd

ik-172046431 Bombay High Court 6 March 2026 • 121 min read

Judges (1)

Sandeep V. Marne Delivered

Counsel (10)

Akshay Naidu Counsel Applicant Dhruvin J. Modi Counsel Respondent Harshada Kamble Counsel Respondent Karl Tamboly Counsel Respondent Mayur Khandeparkar Counsel Applicant Meezan Patel Counsel Respondent Nidhi Chauhan Counsel Applicant Ryan D'souza Counsel Respondent Vikramjit Garewal Counsel Applicant Vishwanath Patil Counsel Applicant

Parties (2)

Mulund Sandhyaprakash CHS Ltd. Respondent Space Master Realtors Applicant

Case Significance

Ms Space Master Realtors vs Mulund Sandhyaprakash Chs Ltd is a Bombay High Court decision dated March 6, 2026 (citation: ik-172046431). A 94-page landmark judgment on a Section 11 arbitration application by a developer (Space Master Realtors) seeking appointment of arbitrator against a non-signatory CHS member in Mulund. The key issue was whether a developer who executed a development agreement with a cooperative society can invoke the arbitration clause against a dissenting member who did not sign the agreement. The Court dismissed the application holding that the arbitration agreement between developer and society does not The case was heard by Justice Sandeep V. Marne.

Summary

A 94-page landmark judgment on a Section 11 arbitration application by a developer (Space Master Realtors) seeking appointment of arbitrator against a non-signatory CHS member in Mulund. The key issue was whether a developer who executed a development agreement with a cooperative society can invoke the arbitration clause against a dissenting member who did not sign the agreement. The Court dismissed the application holding that the arbitration agreement between developer and society does not get incorporated into the individual Permanent Alternate Accommodation Agreement (PAAA) executed between developer and members, and there was no agreement to arbitrate between the parties.

What was the outcome of Ms Space Master Realtors vs Mulund Sandhyaprakash Chs Ltd?

A 94-page landmark judgment on a Section 11 arbitration application by a developer (Space Master Realtors) seeking appointment of arbitrator against a non-signatory CHS member in Mulund. The key issue...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-172046431)