AAWAS BUILDERS Vs. AJIT PATHARE

JUDGEMENT

(1.) HEARD finally, by consent of the parties.

(2.) BOTH the Petitioners have challenged Arbitral Award dated 31 October 2011, passed by the sole Arbitral Tribunal, referring to their respective challenges and grounds so raised in the separate Petition filed by the Builder and the Owners of the property in question.

(3.) ON 4 July 2002, the late father of the Original -Claimants issued Notice under Section 342 of BMC Act for appointing Architect Shri Sachin Waikar for constructing building on the property/plot. On 1 August 2002, the late father, as co -owner of the said property got prepared building plan through his Architect and submitted the same to the MCGM for approval. According to the Plan, a new building consisting of seven flats i.e. three flats of 400 sq. ft (carpet area) each and four flats of 200 sq.ft. (carpet area) each was to be constructed on the property. According to the late father of the Original -Claimants, two flats admeasuring 400 sq. ft. (carpet) each, were to be retained by him, one flat admeasuring 400 sq. ft. (carpet) was to be retained by Pushpalata, daughter of Narhari Pathare, and balance 4 flats of 200 sq. ft. (carpet) each was to be given to the other co -owners.