1. An award dated 7.1.2010 passed by Mr.Justice S.M.Jhunjhunwala (retired) is sought to be set aside under Section 34 of the Arbitration & Conciliation Act 1996 (the said Act). Though it is not stated specifically in the petition under which part of section 34 of the said Act the petitioner is praying for setting aside the award, the counsel for the petitioner, across the bar, submitted that the award has to be set aside under Sections 34(2) (a) (ii), 34(2) (a) (iii), 34 (2) (b) (i) and 34(2) (b) (ii) of the said Act.

2. As a prelude, it is necessary to mention that the petitioner had filed a Suit bearing No.1163 of 1999 against the respondents to this petition and one Dr.S.K.Poddar, in the Original Side of this Court. In the said suit the petitioner had prayed for the following reliefs :-

“(a) for a decree of specific performance of the agreement of sale entered into between the plaintiff and the 2nd Defendant as per Exhibit 'B' hereto by requiring the 2nd Defendant ;

(i) to execute a conveyance of the suit property as described in the schedule Exhibit `A' hereto ;

(ii) to give vacant possession of the portion of the suit property in occupation of the 2nd Defendant, as show