FSI by submitting any plans. It is next submitted that contention of the appellant that there was no provision for termination of the development agreement, is patently misconceived. It is submitted that the law in that regard is well settled. It is not an acceptable proposition that under law, the contract cannot be terminated. The learned Single Judge has rightly referred to a decision in case of Chaurangi Builders and Developers Pvt. Ltd. vs. Maharashtra Airport Authority Company Ltd. in Arbitration Petition (L.) No.1999 of 2013 dated 29 November 2013 in which the Court has held that, even if there is no provision of termination in the contract, if the breaches are committed, contract can still be terminated, which was the view taken by the learned arbitrator as well. It is next submitted that the facts in the present case are gross in as much as though the development agreement was entered into in the year 2007 and the parties had agreed that the entire construction would be completed by 24 months however, the construction was not commenced by the appellant. It is submitted that the building being demolished in the year 2010, for almost 8 years, the members of the respondent-society only on account of the conduct of the appellant, are yet to see the permanent accommodation entitled to them. It is thus submitted that the issues raised being completely factual, no interference is called for, in this appeal.
