1 ap280-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (Lodg)NO.1255 OF 2010 1.Parvez Sadrudin Kapadia & Anr. ...Petitioners vs. 1.M/s.Hi-Con sDevelopers & Ors. ...Respondents --- Mr.S.K.Jain i/b. S.K.Jain & Associates, for Petitioners. Mr.Ketaki Patil h/f. Mr.Shoaib I.Menon, for Respondent no.1. --- CORAM: D.K.DESHMUKH, J. DATED: 7th July,2011. P.C.:- 1. This petition is filed by original respondent nos.11 and 12 before the learned Arbitrator. Their main case was that they are not members of the Society, and therefore, redevelopment agreement entered into by the Society is not binding on them. It is clear from paragraph 13 of the Award that there was an order made by the Registrar for their admission to the membership of the society. The society was not 2 ap280-11 giving them share certificate. But before the learned Arbitrator they have been given share certificates. Therefore, the petitioners are deemed to be the members of the Society and therefore, all the Resolutions passed by the Society will be binding on them. The arbitration agreement is between the Society and the Developer. As the petitioners are the members of the Society they will be deemed to be the parties to the agreement between the society and the developer. The learned Arbitrator has rightly appreciated the matter. 117 members of the Society have accepted the proposal of redevelopment. The attitude of the petitioners was to stall the redevelopment. Therefore, the learned Arbitrator has rightly made the Award. Therefore, no interference is called for. The petition is, therefore, rejected. (D.K.DESHMUKH, J.) ---