JUDGMENT :

SOUMEN SEN, J.

1. These present appeals and cross-appeals are arising out of a common judgment and order dated April 23, 2018 passed by a learned Single Judge in connection with four applications for setting aside of two arbitral awards both dated December 20, 2013 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the 1996 Act’).

I. Summary of Facts

2. The facts relevant for the purpose of deciding these appeals, are summarised below:

(I) Sudera Enterprises Pvt. Ltd. executed a deed of lease in favour of the award-debtor, i.e. Jute Corporation India Ltd. (hereinafter ‘the Corporation’), on December 5, 1972 in respect of 5th floor of premises no. 1, Shakespeare Sarani, Kolkata -700 071 (hereinafter referred to as ‘the said premises’). Subsequently the parties have entered into another lease agreement regarding the 7th floor of the said premises on January 1, 1976. The successors-in-interest of Sudera Enterprises Pvt. Ltd. in respect of the 5th and 7th floor of the said premises are Vineet Pvt. Ltd. and ABL International Pvt. Ltd respectively. They shall be described as ‘lessors’ of both floors of the said premises to avoid confusion.

(II) Both the lease agreements were for a period of 21 years, with an option for renewal for a term of ten years on certain terms and conditions being fulfilled. The lease for the 5th floor and the 7th floor of the said premises expired due to efflux of time on September 1, 1994 and January 1, 1997 respectively. The Corporation, however, did not vacate the two floors upon the expiry of the leases.

(III) On April 21, 1995, the lessor of the 5th floor filed a suit in this Court, being Suit No. 138 of 1995, against the Corporation praying inter-alia for khas possession of the 5th floor of the said premises and mesne profits. The Corporation filed a counter-suit being Suit No. 134 of 1996 for a decree for specific performance of the agreement in respect of the 5th floor of the said premises and renewal of the lease by a further period of ten years. The suit filed by the lessor was allowed and a decree for eviction and mesne profits was passed on March 12, 1998, and the suit filed by the Corporation was dismissed.

(IV) In the meantime, the lessor of the 7th floor also filed another suit in this Court, being Suit No. 93B of 1997, against the Corporation in respect of the 7th Floor with similar reliefs. In the said suit, the lessor filed an application for summary judgment under Chapter XIIIA of the Original Side Rules of this Court. By a judgment and decree dated July 14, 1998, a Learned Single Judge of this Hon’ble Court allowed the said application and directed the Corporation to handover vacant possession of the 7th floor of the said premises to the lessor on or before March 1, 1999. The learned Single Judge also appointed a Special Referee to assess mesne profits for the period of overstay by the Corporation.

(V) Aggrieved by the orders passed in both the proceedings, the parties filed three separate appeals. The first two appeals were filed by the lessors and the Corporation respectively against the order of the Single Judge dated March 12, 1998 in respect of the 5th floor of the said premises. The third appeal was filed by the Corporation against the order of the Single Judge dated July 14, 1998 allowing the Chapter XIIIA application of the landlord in respect of the 7th floor of the said premises.

(VI) A Division Bench of this Court was pleased to dispose of the first two appeals by an order dated August 24, 1999. In regards the third appeal, a Division Bench of this Court, by an interim order dated April 19, 1999, after recording the undertaking of the Corporation to pay occupational charges at the rate of Rs.60/- per sq. ft. per month inclusive of air conditioning and service charges, granted a stay on the operation of the judgment and decree of the Single Judge d