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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN, J
Santanu Sengupta – Appellant
Versus
Macrotech Developers Ltd. – Respondent
JUDGMENT:
Context and Background:
1. This bunch of Petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) is a collective effort to seek interlocutory relief in the form of full access to all utilities and facilities available at the Lodha World Towers, Worli (“Lodha Worli”), developed by Macrotech Developers Ltd. (“Macrotech”), a Respondent in all these Petitions.
2. The Petitioners who are high networth individuals, have acquired apartments at Lodha Worli. They assert having fully paid all applicable dues in respect of ‘Federation Common Area Maintenance Charges’ (“FCAM Charges”) towards their entitlement to use various amenities such as Gymnasium, Club House, Spa etc. (“Common Amenities”). Macrotech claims that the Petitioners are in default and to assert its rights, has cut off access of these Petitioners to certain Common Amenities.
3. Initially, these Petitions were mentioned before me as a matter of grave urgency on the premise that the Petitioners’ access to their own homes had been cut off by Macrotech. It was then clarified on behalf of Macrotech that access to the residential units and car parking spaces was not cut off for any Petitioner. Howeve
The court emphasized the need for transparency in billing practices and the right to access common amenities, directing provisional measures pending arbitration.
The court affirmed the existence of a valid arbitration agreement under Section 11(6) of the Arbitration Act, binding the parties to resolve disputes through arbitration.
A party to an arbitration agreement cannot dispute findings based on contractual obligations unless evidence of connection between claims exists; otherwise, set-offs are inapplicable.
The Joint Management Body has the statutory authority to set maintenance charges, and the burden of proving defective share unit allocation lies with the applicants, which they failed to establish.
(1) Continuous cause of action - The defects and deficiencies in service for which the instant complaint has been filed is continuous in nature and still subsists and therefore the cause of action is....
Allotment of flat – Maintenance charges could not be charged till the receipt of occupancy certificate.
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