Lotus Logistics and Developers Pvt Ltd vs Evertop Apartments Cooperative Housing Society Limited

Judgment text excerpt

2026:BHC-OS:833 Megha carbpl_34791_24_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO.34791 OF 2024 WITH INTERIM APPLICATION (L) NO.27998 OF 2025 IN COMMERCIAL ARBITRATION PETITION (L) NO.34791 OF 2024 Lotus Logistics and Developers Pvt. Ltd. ...Petitioner V/s. Evertop Apartments Co-operative Housing Society Limited ...Respondent ______________ Mr. Janak Dwarkadas and Mr. Prateek Seksaria, Senior Advocates with Mr. Ankit Lohia, Mr. Dharam Jumani, Mr. Arun Panickar, Mr. Rohit Agarwal, Mr. Vijay Nair and Mr. Mihir Nerurkar for the Petitioner. Mr. Ravi Kadam, Senior Advocate with Mr. Piyush Raheja, Mr. Vikramjit Garewal, Mr. Aadil Parsurampuria, Mr. Tejas Agarwal, Ms. Ria Goradia, Ms. Tejaswi Pania and Mr. Ishaan Choudhary i/b. M/s. IC Legal for the Respondent. ______________ CORAM: SANDEEP V. MARNE, J. RESERVED ON: 24 DECEMBER 2025 PRONOUNCED ON: 13 JANUARY 2026 JUDGMENT: 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 Page No. 1 of 101 13 January 2026 Megha carbpl_34791_24_fc.docx 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 P