1. The petitioner has challenged the award of the learned sole Arbitrator dated 8th December, 2010 in this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act). The Award has not granted specific performance of the agreement between the parties. It grants various damages. The Award has also granted a part of the compensation charges payable to the respondent. The Award has made provision for the grant of part costs of the arbitration by the respondent to the claimant.

2. The parties entered into an MOU with regard to the grant of certain premises to the petitioner herein upon certain conditions on 3rd March, 1999. The respondent has thereafter issued a letter of allotment to the petitioner on 13th April, 1999 which has been refuted by the petitioner. The petitioner claimed specific performance of the MOU which was stated to be the only agreement between the parties relied upon by them in the correspondence after the agreement as also after the allotment letter. The petitioner also claimed declaration that the termination of the MOU by the respondent was wrongful and illegal, an aspect stated to have not been considered in the Award. In the