Prateek Seksari v. Ras Estates Private Limited And ANR.

jsn NMS(L.) No.2050_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL SIDE JURISDICTION NOTICE OF MOTION (L.) NO.2050 OF 2015 IN SUIT NO. 575 OF 2015 Ras Estates Pvt. Ltd.

...

Applicant / Defendants In the matter between Mr. Prateek Seksaria ...

Plaintiff Vs.

Ras Estates Pvt. Ltd. & Ors.

...

Defendants Dinyar Madon, Sr. Adv. a/w. Mr. Snehal Shah, Adv. a/w. Mr. Mayur Khandeparkar, Adv. a/w. Mr. Saket Mone, Adv. a/w. Vishesh Kalra, Adv. i/b. Vidhi Partners for plaintiff.

Girish Godbole, Adv. a/w. Vikram Chawan, Adv. i/b. Srushti J Thakkar, Adv. for defendant Nos.1 and 2.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 3 rd August, 2015.

P.C. :

1.

The Notice of Motion is for reference of dispute in the suit to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

2.

Under clause 10 of the agreement between the parties dated 2nd August, 2012 upon which the suit is filed the aspect of claiming refund upon the stipulations under Section 8 of the Maharashtra Flat Ownership Act, 1963 (MOFA) was upon the authority who would act as arbitrator in the dispute between the parties.

jsn NMS(L.) No.2050_2015 3.

The plaintiff has not applied for refund upon the stipulation under Section 8 of the MOFA. The plaintiff has sued for specific performance and damages. The dispute with regard to specific performance and damages is not referred to arbitration by the parties. Hence suit cannot be referred to arbitration. 4.

Hence Notice of Motion is dismissed.

( ROSHAN DALVI, J. )