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2013 Supreme(Del) 1307

RAJIV SHAKDHER
THEMES LEARNING EXPRESSIONS PVT. LTD. – Appellant
Versus
DLF LTD. – Respondent


Advocates Appeared:
Mr Abhina v. Vashist, Sr. Adv. with Mr Attin Shankar Rastogi, Adv.
Mr Rajeev Virmani, Sr. Adv. with Ms Meghna Mishra, Ms Fareha A. Khan, Mr Mohit Mudgal & Ms Niyati Kohli, Advs.

JUDGMENT : -

RAJIV SHAKDHER, J. IA No. 16072/2013 (Exemption) Allowed subject to just exceptions. OMP No. 1004/2013 1. This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) which is directed against an interim award dated 18.09.2013 passed by the learned arbitrator. The interim award came to be passed on an application moved by the petitioner under Section 31(6) of the Act read with Order 12 Rule 6, Order 15 Rule 1 and Section 151 of the Code of Civil Procedure, 1908 (in short the Code).

2. The impugned award, in short, allowed the aforementioned application of the respondent for claiming recovery of possession of the premises in issue being: Shop Nos. 218, 219, 220, 221, 221A, 222 and FFK3 situate on the first floor of DLF Place, Saket, New Delhi having a super area of 706.521 sq. mtrs. (approximately) (hereinafter referred to as the demised premises).

3. The impugned award primarily is based on the construction of documents to which I will make a reference hereinafter. It is pertinent to note that there is no dispute as between the parties either as regards the execution of the documents or their contents.

4. The respondent


























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