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2016 Supreme(Del) 433

VALMIKI J.MEHTA
Dhruv Varma – Appellant
Versus
ABN Amro Bank NV – Respondent


Advocate Appeared:
For the Appellant :Mr. Uttam Datt and Mr. Saksham Marwah, Advocates.
For the Respondent:Mr. Samrat K. Nigam, Mr. Abhimanyu Walia and Ms. Ankita Mahajan, Advocates.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. These three petitions are filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) impugning the Award of the Arbitrator dated 28.5.2007. The operative part of the Award reads as under:-

“ISSUE NO.11

Whether the respondents are entitled to recover any amount? If so, what amount, from the claimant?

69. As already held, the respondents are not entitled to recovery any amount from the claimant, as it was the respondents who committed default in terms of the Memorandum of Agreement and as already held the respondents are not entitled to claim any rent of the premises after 31st January, 2001 or mesne profits or damages. Thus, this issue is decided against the respondents.

70. I make the award as follows:-

I. That the respondents shall pay to the claimant jointly and severely Rs.1,11,39,358/- (one crore eleven lacs, thirty-nine thousand, three hundred and fifty eight only). The liability of the respondent No.2, is restricted to only Rs.1,07,11,500/- (one crore, seven lac, eleven thousand, five hundred o

























































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