Rakeysh Omprakash Mehra gets relief from Bombay High Court in property dispute case

While giving relief to ace filmmaker Rakeysh Omprakash Mehra in a redevelopment dispute between him and his housing society, the Bombay High Court dismissed an application filed by a land developer for the return of the suit to a co-operative court or arbitral tribunal. Earlier, Rakeysh Omprakash Mehra had approached the High Court with a suit for a dispute which arose from a Development Agreement between Pali Hill Neptune Co-operative Housing Society and the developer Avenue Seasons Properties LLP. The dispute emerged last year in November when the agreement between the building society and the developer stipulated that the bungalow owners will be provided apartments after the redevelopment process. In a suit filed by the filmmaker, Rakeysh Omprakash Mehra claimed that he is being arbitrarily treated on par with flat owners, challenging the resolutions passed by the society for redevelopment and sought bungalows instead of flats. On the other hand, during a hearing of the case, the developer argued that being members of the society, Rakeysh Omprakash Mehra and other bungalow owners who approached the court were bound by the arbitration clause in the development agreement and would thus get flats only. After observing that an arbitration agreement is an 'expression of volition and consensus ad idem of the contracting parties', the court said that there were certain members who had signed the development agreement and some members did not. Hence, the non-signatory members cannot be bound by it. The application was accordingly dismissed. The court further added that 'in view of the dismissal of Section 8 interim applications, the Plaintiffs’ Interim Applications will need to be heard,' and kept the case for further hearing in the second week of October. Meanwhile, on the work front, Rakeysh Omprakash Mehra is best known for helming films like 'Delhi-6', 'Rang De Basanti', 'Bhaag Milkha Bhaag' and most recently 'Toofan'.