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2018 Supreme(Del) 1325

YOGESH KHANNA
SILVER RESORT HOTEL INDIA PRIVATE LTD. – Appellant
Versus
DELHI INTERNATIONAL AIRPORT PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant : Mr. Akhil Sibal, Sr. Adv. with Ms.Deepti Mohan, Mr.Aman Varma, Ms.Anshula Grover, Mr. Pradeep Chindra and Mr.Parth Singh Chaudhari, Advs. Dr.B.B.Parsoon, Sr. Adv. with Mr.Divyajyoti Paul and Ms.Sonam Priya, Advs.
For the Respondent: Mr. Raj Shekhar Rao, Mr. Rishi Agrawala, Mr. Karan Luthra, Mr. Sanyam Saxena and Mr. Chaitanya Puri, Advs.

JUDGMENT :

YOGESH KHANNA, J.

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’) has been filed by the petitioner for quashing of the impugned arbitral tribunal award dated 27.06.2017 as also the order dated 08.09.2017 and further to restrain the respondent to create any third party interest in respect of the Asset Area 3 in the Hospitality District (hereinafter referred as ‘the subject land’) which are subject matter of the agreements between the parties.

2. The subject land in question viz Asset Area 3 belong to the Government of India which has been leased to the Air India, who in turn had licensed the same to the respondent for development, who in turn had given it to the petitioner for construction of Five Star Hotel. The term of the license was initially for 26 years and it was renewable for further period of 30 years. The petitioner and the respondent had entered into two agreements namely a) Agreement for Development and b) Infrastructure Development Service Agreement (in short IDSA), both dated 26.02.2010.

3. The learned senior counsel for the petitioner submitted both these agreements were terminated by the respo












































































































































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