Anoop V. Mohta, J. - (1.) The Petitioner developer, has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act, 1996) in view of existence of Arbitration clause between the parties in the redevelopment agreement.
(2.) Rusi Ruttonshaw Todiwalla (since deceased), Dara Ruttonshaw Todiwalla (since deceased), Phiroze Ruttonshaw Todiwalla, Coomi Sheriar Patel, Perin Homi Dastur, Soona Adi Lalkaka and Mehroo Keki Bengali were the owners of the property mentioned in the Petition. They granted development rights to one Mr. Virendrakumar Jhamb. They executed two Powers of Attorney in favour of Mr. Jhamb on 4 March 1980 and a third Power of Attorney dated 7 October 2002, authorizing him to develop the property, and sign and executed conveyances in favour of the Society (Respondent No. 1). On 24 January 1983, Respondent No.1 Society registered, having 160 members. Between the year 1985 to 1986, the two buildings with eight wings (A to H) were constructed on Plot bearing CTS No. 1231/5, Village Versova, Yari Road, Andheri (West), Mumbai. Respondent No.1 Society proposed for a redevelopment in the year 2006. The Deputy Registrar directed Respondent No.1 Society to carry out the structural audit in accordance with the approved bye law No. 77. Under bye law 158(c), Respondent No.1 Society was directed to give tender notice for the redevelopment. The entire redevelopment process was as directed, re started.
(3.) On 10 July 2007, Respondent No.1 Society, decided to go for redevelopment, which was supported by 142 members out of 160 members. The minority members gave complaint to the Deputy Registrar making various allegations. The Deputy Registrar vide a letter dated 10 July 2007, gave directions to Respondent No. 1 Society to take proper steps for redevelopment scheme.;