OM SWAYAMBHU SIDDHIVINAYAK Vs. HARISCHANDRA DINKAR GAIKWAD

JUDGEMENT

(1.) This is an Appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 ("the Act") challenging an order dated March 11, 2025 ("Impugned Order") rejecting an application filed by the Appellant under Sec. 8 of the Act. The disputes and differences between the parties relate to transactions between them arising out of a Development Agreement, dated May 3, 2011 ("Development Agreement") and a further Supplemental Agreement dated May 25, 2021 ("Supplemental Agreement").

(2.) The Appellant, Om Swayambhu Siddhivinayak ("Developer") had agreed under the Development Agreement to provide a certain specified area of developed property to the Respondents, who are the owners of the land on which the development was to take place ("Owners"). The Owners have filed Special Civil Suit No. 157 of 2024 before the 4th Joint Civil Judge, Senior Division, Kalyan, inter alia, seeking specific performance of the provision of certain saleable area to the Owners (in the quantum of 8,937 sq.ft and 4927 sq.ft.), and a cancellation of the Supplemental Agreement.

(3.) It is the case of the Appellant that Clause 30 of the Development Agreement, which contains the arbitration clause, is an expansive clause and all disputes and differences between the parties in connection with the development contracted in that Development Agreement are amenable to arbitration, and therefore, no Civil Court could take cognizance of any dispute between the parties in connection with the Development Agreement.