4-ARP-124-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.124 OF 2026 1. Mr.Prakash Baburao Tupe, ] Age : 65 Years, Occupation : Agriculturist, ] Residing at : S.No.189, Sadesataranali, ] Near Railway Gate No.2, Hadapsar, ] Taluka : Haveli, Pune – 411 028. ] 2. Mrs.Mangal Prakash Tupe, ] Age : 55 Years, Occupation : Housewife, ] Residing at : S.No.189, Sadesataranali, ] Near Railway Gate No.2, Hadapsar, ] Taluka : Haveli, Pune – 411 028. ] 3. Mr.Nilesh Prakash Tupe, ] Age : 43 Years, Occupation : Agriculturist, ] Residing at : S.No.189, Sadesataranali, ] Near Railway Gate No.2, Hadapsar, ] Taluka : Haveli, Pune – 411 028. ] 4. Mr.Aniket Prakash Tupe, ] Age : 41 Years, Occupation : Agriculturist, ] Residing at : S.No.189, Sadesataranali, ] Near Railway Gate No.2, Hadapsar, ] Taluka : Haveli, Pune – 411 028. ] 5. Mr.Chetan Prakash Tupe, ] Age : 39 Years, Occupation : Agriculturist, ] Residing at : S.No.189, Sadesataranali, ] Near Railway Gate No.2, Hadapsar, ] Taluka : Haveli, Pune – 411 028. ] 6. Smt.Shubhada Shirish Kank, ] Age : 55 Years, Occupation : Housewife, ] Residing at : Bungalow No.1, Savarkar Society, ] Sahakarnagar No.2, Pune – 411 009. ] ...Petitioners Satish Sangar 1/5 SATISH RAMCHANDRA SANGAR Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2026.09.24 19:50:31 +0530 4-ARP-124-2026.doc Versus 1. City Corporation Limited, ] A company incorporated under ] The Companies Act, 1956, Having its ] registration No.25018435, dated 09.10.2003, ] Having its registered office at City Chambers – ] 917/19A, Fergusson College Road, Pune – ] 411 004. Through its authorized Managing ] Director,Mr.Aniruddha Pradyumna Deshpande] 2. Ozas Land Development & Construction ] Company Pvt. Ltd., A company incorporated ] under Companies Act, 1956, having its office ] at : Jahnvi Sadesataranali, Hadapsar, Pune – ] 411 028. Through its Chairman Mr.Mangesh ] Anantrao Tupe, R–3 Sector Bungalow, ] Amanora Park Town, Sadesataranali, Hadapsar, ] Pune – 411 028. ] 3. Mrs.Maya Kundalik Galande, ] Age : 56 Years, Occupation : Housewife, ] Residing at : Navratna Society, S.No.3, ] Vadgaon Sheri, Taluka : Haveli, Pune. ] ...Respondents ==================================================== Mr.Hemant Ghadigaonkar and Ms.Pallavi Chatterjee:- Advocates for Petitioners. Mr.Amit Karle a/w Mr.Sameer Tiwari:- Advocates for Respondent No.1. ==================================================== CORAM : S. M. MODAK, J. DATE : 23rd SEPTEMBER 2026 P. C. :- 1. Heard learned Advocate for Petitioners and learned Advocate for Respondent No.1. Satish Sangar 2/5 4-ARP-124-2026.doc 2. There is an Agreement of Joint Venture executed on 13th September 2007. The present Respondent is described as developer whereas, the present Petitioners are described as land owners. There is Arbitration clause No.38 in the said Agreement. It reads thus:- “38. Any dispute arising out of this agreement shall be referred to arbitration of the Arbitrator/s acceptable to all the parties in pursuance of the provisions of the Arbitration and Conciliation Act, 1996, or any other law then prevailing, and the decision of the Arbitrator/s shall be binding on both the parties”. 3. The Petitioners vide their notice dated 18th July 2023 have sought for cancellation of the Agreement. The Respondent has replied vide reply dated 18th August 2023 and denied the allegations. The Petitioners as per the notice dated 26th June 2024 have invoked the Arbitration clause and suggested three names of who are the retired Judges of this Court. On this background, the present Petition is filed. 4. Learned Advocate for Respondent No.1 has invited my attention to an order dated 11th February 2025 passed by this Court in Arbitration Petition No.24 of 2021. That Petition was filed by one Maya Kundilik Galande. She is shown as co-owner No.7 in the Agreement dated 13th September 2007 which is part of this Petition. The present Respondent is also party Respondent to the said Petition. This Court had referred the dispute to the Institutional Arbitration of Satish Sangar 3/5 4-ARP-124-2026.doc Indian Law Society’s Centre for Arbitration and Mediation (ILSCA). By consent, similar order can be passed in this Petition. The Indian Law Society can refer the present dispute to the same Arbitrator which is appointed as directed in the order dated 11 th February 2025 . Hence, the following order is passed:- -: O R D E R :- (I) The Petition is allowed. (II) The dispute amongst the present parties is referred to the Indian Law Society’s Centre for Arbitration and Mediation for the purpose of appointing a sole Arbitrator to adjudicate the dispute arising in between the parties in connection with the Agreement referred above. The address of the Institution is as set out below:- Indian Law Society’s Centre for Arbitration and Mediation (ILSCA), Law College Road (Chiplunkar Road), Pune : 411 004. (III) A copy of this order will be communicated to the learned sole Arbitrator by the Advocates for the Petitioners within a period of one week from today. The Petitioners shall provide the contact and communication particulars of the parties to the Arbitral Tribunal long with a copy of this order. (IV) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of two weeks from receipt of a copy of this order. Satish Sangar 4/5 4-ARP-124-2026.doc (V) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute a valid service of correspondence in connection with the arbitration. (VI) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs. 5. The Petition is finally disposed of in the aforesaid terms. 6. The Interim Applications, if any, connected to the aforesaid proceedings also stand disposed of. 7. All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website. 8. It is made clear that the rights of the parties are not decided and they are kept open to be argued before the learned Arbitrator. [S. M. MODAK, J.] Satish Sangar 5/5