In Brief
A 95-year-old property owner challenged an order allowing arbitration of a development dispute. He had granted development rights to two companies (later assigned to Prajita Developers) for a 2,412-square-yard Bandra property under a 2006 agreement requiring construction completion within 24 months from commencement. Over a decade later, no substantive construction had occurred despite approvals. The owner terminated the agreement and sought possession. The Court held that granting specific performance of a stale development agreement was unjust given the developer's decade-long non-performance. It allowed the appeal, directing the owner to pay Rs. 20 crores for undisturbed possession and referred remaining damages claims to arbitration."
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