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TMI Blog2013 (4) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... er agreement regulates the rights and liabilities qua the allotted flat - Both these documents form part of the sale deed - The flat buyer agreement which regulate the rights and liabilities in regard to allotment and transfer of flats, would not come to an end and arbitration clause 42 will not be wiped out on execution of sale deed. The Arbitration Clause is wide enough to cover the claims made - Clause 2(9) of the flat buyers agreement speaks of the liability of the flat buyer to compensate for the works contract tax which is one of the item. After hearing the learned counsel for the petitioners as well as reasons given by the Sole Arbitrator, I find that there is no force in the petition as the petition under Section 34 Act is not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent for purchase of a dwelling unit bearing flat No. L-502,5thFloor, Type Elegant, Labernum Tower in the said complex with super area of 2480 sq. feet @Rs. 2580.64/- per sq. feet excluding the cost of parking. The respondent agreed to give special discount of Rs. 80,320/- to the petitioners on the actual sale consideration subject to certain assurances made by the petitioners. 4. The petitioners also entered into a maintenance agreement dated 3rd 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 subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he present arbitration proceeding and jurisdiction of the valid arbitration agreement concerning the said purported dispute raised by the respondent or at all. The Sole Tribunal heard the arguments and dismissed the application under Section 16 Act filed by the petitioners. 8. The contention of the petitioners is that the works claimed by the respondent were never executed and the claims made by the respondent were beyond the scope of the allotment agreement. The arbitration clause invoked by the respondent is a counter blast as the petitioners were seeking compensation by issuing complaints against the respondent. The respondent issued the notices in order to pressurize the petitioners to withdraw the complaints. Since the petitioners co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e legal notice. To be only noted that the said recital about there being no amount due from the buyers in the sale deeds may make the right to get further amount weakened but the claim subsist and entitlement to further payment is arbitrable. Clause 2(9) of the flat buyers agreement speaks of the liability of the flat buyer to compensate for the works contract tax which is one of the item. 10. After hearing the learned counsel for the petitioners as well as reasons given by the Sole Arbitrator, I find that there is no force in the petition as the petition under Section 34 Act is not maintainable against the disposal of application under Section 16 of the Act filed by the petitioners. Whatever the grievances raised by the petitioners in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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