Usha A Chandrashekhar vs Narang Realty Pvt Ltd
2026 Latest Caselaw 3099 Bom

Citation : 2026 Latest Caselaw 3099 Bom
Judgement Date : 26 March, 2026

[Cites 2, Cited by 0]

Bombay High Court

Usha A Chandrashekhar vs Narang Realty Pvt Ltd on 26 March, 2026

2026:BHC-OS:7363
              Neeta Sawant                                                  904-ARBP(L.)--8899-2026.docx


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                             ARBITRATION PETITION (L.) NO. 8899 OF 2026


             Usha A. Chandrashekhar                                       ..... PETITIONER

                      : VERSUS :

             Narang Realty Pvt. Ltd. & Ors.                               .... RESPONDENTS


             Mr. Karl Tamboly with Mr. Bhavik Lalan, Mr. Suraj Iyer and Ms. Gauri
             Joshi i/b. Ganesh & Co. for the Petitioner.
             Mr. Zal Andhyarujina, Senior Advocate with Mr. Karan Bhide, Mr. Gaurav
             Gopal and Mr. Kanu Upadhyay i/b. Wadia Ghandy & Co., for Respondent
             No.1.
             Dr. Birendra Saraf, Senior Advocate with Mr. Saahil Menon and Mr. Ishan
             Jha i/b. Link Legal for Respondent No.2.




                                                  CORAM : SANDEEP V. MARNE, J.

                                                  DATED :        26 MARCH 2026.
             P.C. :

             1)               This petition is filed under Section 9 of the Arbitration and

Conciliation Act, 1996 (Arbitration Act) seeking interim measures before commencement of arbitral proceedings.

2) The disputes and differences have arisen between the parties out of Development Agreement dated 30 March 2024 (DA).

3) I have heard Mr. Tamboly, the learned counsel appearing for the Petitioners, Mr. Andhyarujina, learned Senior Advocate appearing for _____________________________________________________________________________ PAGE NO. 1 OF 3

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Respondent No.1-Developer and Dr. Saraf, learned Senior Advocate appearing for Respondent No.2-Society.

4) As hearing of the petition progressed, it has transpired that the Petitioners essentially have three grievances against the Respondents. Firstly, it is alleged that the Petitioners are not paid transit rent and other amounts flowing out of redevelopment process by the First Respondent- Developer. Secondly, it is contended that though Permanent Alternate Accommodation Agreements (PAAA) are executed by the Petitioners and Respondents, the same are not registered. Thirdly, it is contended by the Petitioners that the parking spaces earmarked for them in the PAAA do not conform to the sizes and locations indicated in para-4.2 of the DA.

5) So far as the registration of PAAA is concerned, parties are agreeable to register the same on 30 March 2026. Upon registration of PAAA, the Developer has expressed willingness to pay all amounts arising out of redevelopment process to the Petitioners. This takes care of the first two grievances of the Petitioners.

6) So far as the third grievance relating to sizes and locations of the parking lots are concerned, it would be for the Petitioners to adopt necessary remedies in that regard against the concerned Respondents. In my view, therefore the present petition can be disposed of by recording agreement with regard to the first two grievances and leaving open the remedies for the Petitioners in respect of the third grievance relating to parking spaces.

7) It appears that Petitioners also have certain other claims against the First Respondent-Developer. Similarly, the First Respondent-Developer also has monetary claims against the Petitioners for delay in vacation of their respective flats. Mr. Tamboly and Mr. Andhyarujina, on instructions, agree to drop all the claims of the Petitioners and Respondent No.1 against each

_____________________________________________________________________________ PAGE NO. 2 OF 3

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other, except the claim of the Petitioners towards sizes and locations of parking spaces.

8) Accordingly, I proceed to pass the following order :

(i) Petitioners and Respondents shall register PAAA on 30 March 2026. Within a period of one week from date of registration of PAAA, Respondent No.1-Developer shall pay to the Petitioners all amounts arising out of the redevelopment process.

(ii) Execution of PAAA shall not come in the way of Petitioners exercising remedy in respect of sizes and locations of the parking spaces.

(iii)The grievance of the Petitioners with regard to the sizes and locations of parking spaces is kept open and the Petitioners would be at liberty to adopt appropriate proceedings including arbitration, if permissible in law, against the concerned Respondents in respect of the said grievance.

(iv) Petitioners and Respondents agree that except the grievance relating to sizes and locations of parking spaces, the parties shall not have any claims against each other relating to redevelopment process.