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2008 Supreme(Del) 1265

HIMA KOHLI
Arun Kumar Jain – Appellant
Versus
DDA – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rahul Gupta, Adv.
For Respondents/Defendant: Rajiv Bansal and Prashant Mehra, Advs.

JUDGMENT

Hima Kohli, J.

1. The present petition is filed by the petitioners under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) against an award dated 21.11.2006 made by the Sole Arbitrator in respect of the disputes arising between the parties.

2. In a nutshell, the facts of the case are that the petitioners herein filed a suit in this Court in the year 1986, against the DDA praying inter alia for permanent injunction for restraining the DDA from cancelling the Perpetual Sub-Lease Deed dated 12.9.1983 of premises bearing No. D-1083, New Friends Colony, New Delhi110065. The DDA entered appearance in the aforesaid suit and filed an application under Section 34 of the Arbitration Act, 1940 seeking stay of the proceedings in the suit on the ground that the suit was not maintainable as there was an arbitration clause governing the parties. During the pendency of the aforesaid suit, as the pecuniary jurisdiction of this Court was enhanced to above Rs. 20.00 lacs, the suit was transferred to the District Court.

3. Vide order dated 27.10.2001, the learned Additional District Judge, Delhi, decided the application filed by the DDA seeking stay of the suit proceed























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