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2015 Supreme(Bom) 224

ANOOP V.MOHTA
Raviuday Construction Co. – Appellant
Versus
Bhaktiyog Co-operative Housing Society Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Girish Godbole, Sumit Kothari i/by M/s. Jaykar & Partners, Advocates.
For the Respondent:A.M. Vernekar, Samarth Pai, Advocates.

Judgment :-

1. The Petitioner-Contractor/Developer, has challenged award dated 15 May 2012 passed by the Arbitral Tribunal as appointed by the consent, based upon the agreements between the parties. Two learned Arbitrator's majority award, is under challenge. Other Arbitrator expressed dissenting view, stated to be, in support of the Petitioner (Original-Respondent), against the Respondent (Original-Claimant).

2. The operative part of the majority award is as under:

“a. Respondents do pay to the Claimants Rs.7,35,000/- towards last installment and Rs.10,80,000/- for excess FSI with 18% interest thereon from 1/10/2007 till actual payment.

b. Respondents shall further pay to the Claimants Rs.25,00,572/- towards interest as per chart annexed.

c. Respondents shall further pay to the Claimants Rs.9,73,753/- towards construction of community hall.

d. Respondents shall further pay to the Claimants Rs.7,00,000/- towards costs.

(Respondents No. 1 to 7 are liable to make above payments jointly and severally)

e. Respondents shall bear their own costs.

f. Counter claim of the Respondents is hereby rejected.

g. Respondents' request in letter dated 10/08/2001 for one more sitting of the Tribunal has to b

























































































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