65th flr Worli flat: HC finds ‘no substance' in bldr's appeal, imposes ₹5L costs

In another setback to Omkar Realtors, Bombay high court imposed Rs 5 lakh as costs on the builder and dismissed its appeal against a recent order to make habitable a Rs 23 crore 65th floor flat in the upmarket Worli skyscraper called Omkar 1973 sold to a couple seven years ago.

- Swati Deshpande

Mumbai: The builder challenged a March 21 order of Justice Girish Kulkarni which had directed the builder to remove, within a week, debris, huge iron struts in the private lift shaft from the flat and install the lift within three months, failing which a court receiver would execute the work.

The high court appeal bench of Justices Gautam Patel and Madhav Jamdar held that the builder was in “flagrant violation of his contractual obligations to the [flat buyers]. Justice Kulkarni had said the builder had “an utterly dishonest and adamant stand.’’ On March 30, the appeal bench, while refusing to interfere, said, “We're inclined to agree entirely with the single judge... finding no substance in appeal.”

The builder said the lift installation work would take 1215 months. “That is no answer to the contractual breach,’’ said the HC.