Hirani Developers Secures Arbitration Agreement

Supreme Court set aside Bombay High Court order, confirming arbitration agreement between Hirani Developers and society members via incorporation.
The Court held Clause 14 of Permanent Alternate Accommodation Agreements incorporated the Development Agreement’s arbitration clause under Section 7(5) of the Arbitration Act.
Vishal Kanade appointed as sole arbitrator; parties to submit declaration within fifteen days per Section 12, with fees per Fourth Schedule.
The judgment clarifies that explicit reference intending full incorporation satisfies Section 7(5), impacting future real‑estate contract drafting.