NITIN GARG Vs. DESIGNARCH INFRASTRUCTURE PVT LTD

JUDGEMENT

(1.) THE petitioners have filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ,,Act) challenging the order dated 2nd November, 2012 of sole Arbitrator Justice K.S. Gupta (Retd.), who disposed of an application under Section 16 of the Act filed by the petitioners upholding the jurisdiction of the Tribunal on the ground that the flat buyers agreement shall not come to an end and arbitration clause 42 will not be wiped out even after the execution of the sale deeds.

(2.) BRIEF facts of the petition are that the respondent company developed a group housing complex known as Designarch Gardenia Homes Group Housing Complex, Plot No. GH-6, Vaishali, Ghaziabad, UP which considered of two complex with 124 number of dwelling units and some commercial units. The petitioners entered into a flat buyer agreement dated 12th

(3.) JULY , 2009 with the respondent. The petitioners state that upon execution of the sale agreement the petitioners asked the respondent to provide some rich specifications in the said flat such as OBD on walls, polish on ceiling, door shutter, UPVC door & window etc. The petitioners submit that these rich specifications were in addition to the agreed specifications as mentioned in the agreement dated 12th February, 2008. Total amount of Rs.1,17,861/- have been incurred additionally on such rich specifications.