OLYMPIA OPALINE FLAT OWNERS ASSOCIATION Vs. OLYMPIA INFRANET

JUDGEMENT

(1.) These Appeals have been filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 (henceforth referred to as "Act") challenging the order dtd. 21/2/2021 passed by the Arbitral Tribunal in IA No.2 of 2019 and IA No.3 of 2019 in Arbitration No. 5 of 2019 under Sec. 17 of the Arbitration and Conciliation Act, dismissing the Applications filed by the Appellant seeking the following reliefs : a. the appointment of Government approved surveyor for the purpose of measuring the land in the presence of representatives of both the parties pertaining to the land covered under Phase I of the project measuring 15.780 Acres. b. the appointment of Engineer Commissioner assisted by representatives from both the parties for assistance for the following purposes :

(2.) The Appellant is the claimant and the respondent is the respondent in the Arbitration. The Appellant / Flat Owners Association represents the interest of various flat owners who had purchased flats from the respondent who is a promoter and builder of flats. The case of the Appellant / Flat Owner Association is that there were several deficiencies in the flats purchased by the members of the Appellants Associations and a breach of contract was committed by the respondent which has been denied by the respondent. The dispute between the parties was referred to Arbitration by this Court and the Arbitral Tribunal was constituted. The Appellant in the Arbitration has claimed damages which has been quantified by them in terms of money and they have also sought for a permanent injunction restraining the respondent from promoting the members of Olympia Sequel or any other third parties claiming right to interest through the respondent from accessing or using the common area or facilities or amenities exclusively belonging to the Appellant Association. Before the Tribunal, the respondent has filed their statement of defence denying their liability and they have also made a counter claim against the Appellant which has been quantified in terms of money. They have also sought for a permanent injunction restraining the Appellant / claimant from interfering with the respondent's right for further development in the remaining extent of the lands.

(3.) The Trial in the Arbitration has commenced and the Appellant's / claimant's witness has also been cross examined by the respondent before the Arbitral Tribunal on 7/8/2021 as seen from the Additional Typed set of papers filed by the Appellant before this Court.