M/s Lotus Developers v. Evertop Apartments Cooperative Housing Society Limited

What is this about?

Bombay HC (OOCJ) order dt. 14-01-2026, Abhay Ahuja J.: IA 5068/2025 in COMEX 90/2025, with IA 5533/2025 (in IA 5068/2025) and IA 6670/2025 and IA 6671/2025 (in COMEX 90/2025) - Evertop Apartments CHSL v. Lotus Logistics and Developers Pvt. Ltd. Maintainability/prematurity of execution of an arbitration award raised after the Section 34 (Arbitration and Conciliation Act 1996) order dt. 13-01-2026 by Sandeep V. Marne J. in Commercial Arbitration Petition (L) No. 34791 of 2024 (with IA (L) 27998/2025) extended the occupation-certificate timeline by 9 months and postponed directions for damages of Rs.128.98 crore. Respondents No. 1-3 (Sr. Adv. Prateek Seksaria): execution premature qua damages; undertaking to secure statutory dues, shortfall-of-area amounts, rent and legal costs; rights reserved to challenge the Section 34 order. Respondent No. 4 (Sr. Adv. Navroz Seervai): modified award renders the Execution Application and connected Interim Applications not maintainable. Execution Applicant (Sr. Adv. Ashish Kamat): time sought, Section 34 order uploaded only the previous night. Supreme Court had expedited the hearing; matter listed for 22-01-2026 with directions to take instructions. Pure adjournment; no merits decided, no precedent engaged.