E V HOMES CONSTRUCTION PVT LTD THROUGH ITS DIRECTION M R VICKY THOMAS vs Vishwashanti Cooperative Housing Society Ltd — CARAP/264/2026

Case under Arbitration and Conciliation Act 1996 Section 11. Disposed: Contested--DISPOSED OFF on 06th May 2026.

Case disposed

CNR: HCBM020120022026

e-Filing Number

02-04-2026

Filing Number

CARAP/12002/2026

Filing Date

04-Apr-2026

Registration No

CARAP/264/2026

Registration Date

01-Jun-2026

Judge

Hon'ble Shri Justice Sandeep V. Marne

Coram

Hon'ble Shri Justice Sandeep V. Marne

Bench Type

Single

Category

ARBITRATION ( 4 )

Sub-Category

APPOINTMENT OF ARBITRATORS ( 1 )

Judicial Branch

Original

Decision Date

06-May-2026

Nature of Disposal

Contested--DISPOSED OFF

Last updated 20-Jun-2026

Acts & Sections

Arbitration and Conciliation Act 1996 Section 11

Petitioner(s)

  1. 1.E V HOMES CONSTRUCTION PVT LTD THROUGH ITS DIRECTION M R VICKY THOMAS

    Adv. Manoj Harit And Co

Respondent(s)

  1. 1.Vishwashanti Cooperative Housing Society Ltd

Case History

  1. Case disposedDisposed

  2. 06-May-2026

    Hon'ble Shri Justice Sandeep V. MarneView PDF

    The Bombay High Court constituted a sole arbitrator (Ms. Apoorva Thipsay) to resolve disputes between E V Homes Construction Pvt Ltd and Vishwashanti Cooperative Housing Society Ltd arising from a Development Agreement dated 14 May 2024. The court held that under Section 11 of the Arbitration Act, it need only examine the prima facie existence of an arbitration agreement, not its validity—distinguishing this from Section 8's inquiry. Although the Society argued the agreement was void because signatories lacked authority, the court found the agreement was backed by a General Body Resolution (adopted 28 April 2024 with unanimous consent and Deputy Registrar's NOC dated 30 April 2024), and questions of authority could be raised before the arbitrator under Section 16. The court maintained interim restraint orders preventing the Society from terminating the agreement or appointing another developer, while converting the Section 9 petition into a Section 17 application for the arbitrator's consideration. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 06-May-2026

    For Circulation

    Hon'ble Shri Justice Sandeep V. Marne

  4. 24-Apr-2026

    Hon'ble Shri Justice Sandeep V. MarneView PDF

  5. 04-Apr-2026

    Case filed

    Registration No. CARAP/264/2026

casestatus.in Summary

The Bombay High Court constituted a sole arbitrator (Ms. Apoorva Thipsay) to resolve disputes between E V Homes Construction Pvt Ltd and Vishwashanti Cooperative Housing Society Ltd arising from a Development Agreement dated 14 May 2024. The court held that under Section 11 of the Arbitration Act, it need only examine the prima facie existence of an arbitration agreement, not its validity—distinguishing this from Section 8's inquiry. Although the Society argued the agreement was void because signatories lacked authority, the court found the agreement was backed by a General Body Resolution (adopted 28 April 2024 with unanimous consent and Deputy Registrar's NOC dated 30 April 2024), and questions of authority could be raised before the arbitrator under Section 16. The court maintained interim restraint orders preventing the Society from terminating the agreement or appointing another developer, while converting the Section 9 petition into a Section 17 application for the arbitrator's consideration. This case analysis is maintained by casestatus.in based on publicly available court records.

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