Authority: High Court of Judicature at Bombay

Order Date: 3 September 2026

Case Overview

  • Parties: Wellgroomed Venture (association of persons formed by Akruti Kailash Construction and Solidity Developers Pvt. Ltd.) as Applicant; Vishal Gupta as Respondent.
  • Dispute arises from Agreement for Sale dated 26 December 2012 for Commercial Unit No. 316, 3rd Floor, Hubtown Viva, Jogeshwari (East), Mumbai. Applicant claims maintenance and other charges arrears from 31 December 2016 to 30 June 2021.
  • Applicant served notices on 27 May 2017, 20 August 2019, and 8 January 2022 demanding payment. Respondent denied, citing lack of amenities and claiming no right to demand dues.
  • On 4 July 2024 Applicant invoked arbitration under Clause 51 and invited Respondent to name arbitrator. Respondent acknowledged arbitration clause but raised preliminary objection that claims are time‑barred under limitation law.
  • Respondent relied on Supreme Court judgments Bharat Sanchar Nigam Ltd. v. Nortel Networks (2021) and Arif Azim Co. Ltd. v. Aptech Ltd. (2024). Court noted distinction between limitation for merits and limitation for Section 11 application, citing Aslam Ismail Khan Deshmukh v. ASAP Fluids (2025) and other Supreme Court developments.
  • Court held that the Section 11 application filed on 7 October 2024 is within the three‑year limitation period, so jurisdiction is proper. The court declined to decide on substantive limitation, leaving it to the arbitral tribunal.

Final Outcome

  • Arbitration Application No. 75 of 2026 is allowed.
  • Mr. Nirav Shah, Advocate, is appointed as sole arbitrator. Contact: Office 1/1 Kothari House, 1st Floor, 5/7 Oak Lane, Fort, Mumbai 400001; Mobile 9820770788; Email nirav.g.shah@outlook.com.
  • Parties to furnish arbitrator with order copy and contact details within one week; arbitrator to provide statutory Statement of Disclosure under Section 11(8) and Section 12(1).
  • Arbitration to be conducted in Mumbai, fees as per Fourth Schedule of the Act and Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
  • All claims, counter‑claims, and issues remain open before the tribunal; tribunal may award costs against a party abusing the process or pursuing time‑barred claims.

Topics: Arbitration, Maintenance Charges Dispute