S. Muralidhar, J.

1. Suresh Kumar has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) challenging an Award passed by the sole Arbitrator (Respondent No.2) dated 19th April 2003 in the disputes between the Petitioner and Respondent No.1, Satish Mehra.

Background Facts

2. Respondent No. 1 was the Claimant before the learned Arbitrator. He stated that the Petitioner herein was the owner of the second floor of the property at B-123, Swasthya Vihar, Delhi – 110092. In respect of the said property the Petitioner executed an Agreement to Sell on 21st March 2002 whereby the Petitioner agreed to sell the said property to Respondent No.1 for a total consideration of Rs.5 lakhs. The case of the Petitioner was that he never agreed to sell the property but had signed the said documents only as security for a loan of Rs.5 lakhs. The case of the Petitioner further was that he had already refunded Respondent No. 1 a sum of Rs.1,50,000.

3. The original of the Agreement to Sell as produced by Respondent No. 1 before the learned Arbitrator was exhibited as Ex.CW1/3 and forms part of the arbitral record perused by this Court. Each page of the sai