Aum Punit Realty Ordered to Deliver Flat 502

Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: 24 September 2026

Petitioners: Hanskumar Shivraj Nagda and others; Respondents: Aum Punit Realty LLP and another party.
Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures, chiefly delivery of possession of Flat No. 502.
Agreement between parties stipulates GST liability on petitioners but does not specify timing of payment; dispute over GST liability arose.
Respondent offered to allow possession if petitioners provide an undertaking to accept GST liability; petitioners intend to sell the flat, raising concern over third‑party rights.

The court accepts the petitioners’ undertaking dated 27 August 2026 (marked \"X\") without prejudice to arbitration.
Prayer clause (a) – delivery of possession – is allowed; respondents must hand over vacant possession of Flat No. 502 within two weeks of the order.
Condition imposed: before any sale, assignment, transfer, or creation of third‑party interest in the flat, petitioners must discharge the GST liability payable by them.
Reliefs under prayer clauses (c) and (d) are left to be pursued before the learned Arbitral Tribunal; all other questions remain open for arbitration.

Respondents are directed to deliver vacant possession of Flat No. 502 to petitioners within two weeks of the order.
Petitioners must settle GST liability prior to any future transfer of the flat.
Remaining disputes to be adjudicated by the arbitral tribunal.

Topics: Arbitration, Real Estate, GST