Are apt associations responsible for repairing leaks inside apts?

The association is registered under the Maharashtra Apartment Ownership Act 1970. There is a leakage dispute ongoing in our association. The lower apartment has leakage from the upper apartment’s bathroom.The owner of the upper apartment refuses to fix the leak.The owner of the lower apartment is saying that the board of managers has the right to make emergency repairs to prevent damage to his apartment. He is giving reference of section 6 subclause 6 & section 9 para 3 of MAOA 1970. Is leakage considered emergency repair? Does the board of managers have the right to repair internal leaks? Who will pay for the repair of the leak?