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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Lotus Logistics and Developers Pvt. Ltd. – Appellant
Versus
Evertop Apartments Co-operative Housing Society Limited – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. By this Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, Petitioner has sought invalidation of the Arbitral Award dated 16 August 2024 passed by the learned sole Arbitrator. By the impugned Award, the Arbitral Tribunal has directed Petitioner to have the building plans amended and approved in consonance with the sanctioned plan dated 17 September 2008 for the purpose of issuance of occupation certificate for the building. The Tribunal has directed the Petitioner to take all necessary steps for procurement of occupation certificate for wing ‘A’ building in accordance with building plans sanctioned on 17 September 2008. In the event of non-grant of occupation certificate in respect of wing ‘A’ building, the Tribunal has directed the Petitioner to take steps to get the area shown as ‘open to sky ducts’ in the living rooms and bedrooms, regularaised at its cost within three months of rejection of application for occupation certificate. In the event of non-grant of occupation certificate and rejection of regularisation of ‘A’ wing building, Petitioner is directed to pay to the Respondent-Society sum of Rs.128,98,00,000/- wit
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