Section 9 Interim Measures and Mandatory Notice Requirements for Substituted Performance under the Specific Relief Act
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Case: Shree Samarth Spark Developers Private Limited v. Amardeep Constructions
Court: Bombay High Court
Date: 28-07-2026
Law: Arbitration and Conciliation Act, Code of Civil Procedure, Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, Specific Relief Act.
Highlights of the Judgment:
- Analysis of whether an arbitration clause in a subsequent Memorandum of Understanding supersedes or supplements the principal Development Agreement.
- Interpretation of Section 9 of the Arbitration and Conciliation Act regarding the Court's power to grant interim measures despite contractual limitations on an arbitrator's authority.
- Examination of the mandatory nature of the thirty-day notice requirement for substituted performance under Section 20 of the Specific Relief Act.
- Application of the doctrine of harmonious construction to co-existing arbitration agreements within a multi-layered contractual framework.
- Judicial discretion in appointing a Court Receiver to ensure the completion of slum rehabilitation projects involving public interest elements.
- Distinction between the statutory right to substituted performance and the Court's power to evolve interim arrangements for the preservation of the subject matter.