SAI OM PETRO SPECIALITIES LTD Vs. M INDUSTRIES

JUDGEMENT

(1.) The Plaintiff is a builder/promoter, has filed this Suit for recovery of alleged maintenance charges based upon the bills raised from time to time on the foundation of agreement for sale dated 31 August 2004 (the agreement) between the Developer Plaintiff and the Defendant the Purchaser individually. The Summons for Judgment is also taken out. Though served, the Defendant has not filed any reply to the Summons for Judgment.

(2.) The basic case of the Plaintiff/Builder/Promoter is revolving around the agreement. As alleged, the Defendant has purchased an industrial Gala in the Industrial Estate, constructed as Shiva Estate at village Bhandup, Lake Road, Bhandup (West), Taluka Kurla, District Mumbai. The Gala/ Unit was intended to sale on ownership basis as contemplated under the Maharashtra Ownership Flats Act, 1963 (The MOFA Act).

(3.) The Plaintiff, who is a promoter within the meaning of Section 2(e) and as under obligation to execute an agreement for sale of Industrial Gala/Unit, as contemplated under Section 4 of the MOFA Act, has executed the duly stamped registered agreement. The relevant portion of Clause 12 of the agreement reads as follows: