S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC
The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement and a Supplementary Agreement dated 20 July 2022. R-2 not being a member of the society would not have any difference as the Court can grant interim relief against third parties to protect the subject matter of the arbitration agreement. 1 made the following submissions: The writ petition filed by the R-2 became infructuous in light of the order dated 7 th September 2020, and the society executed a unilateral Deed of Assignment and Transfer dated 8 th April 2021. v., it was argued that the Court, in similar facts, held that the redevelopment agreement executed by individual members would not bind the non-signatory member of the society. The Court also observed that the society obtaining a deemed conveyance deed in their favour would not entitle them to evict or bind R-2 to the RDA.
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