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2019 Supreme(Del) 787

NAVIN CHAWLA
S. S. Con-Build Pvt Ltd. – Appellant
Versus
Total Property Maintenance LLP. – Respondent


Advocates:
Advocate Appeared:
Jayant K Mehta, Adv., Saurabh D Karan Singh, Adv., Manish Sharma, Adv., Kirish Gandhi, Adv., Ninad Dogra, Adv., Ashish Dholakia, Adv., Kishore Kumaar, Adv.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 19.02.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Management and Lease Deed dated 14.09.2015 executed between the parties.

2. The learned counsel for the petitioner confines his challenge to a very limited aspect. He submits that the Arbitrator having held that specific performance of this Agreement cannot be granted and proper relief of respondent no. 1 shall be in form of damages, has proceeded to grant damages in favour of respondent no. 1 without there being any evidence for substantiating the same on record. He has drawn my attention to paragraph 39, 40 and 43 of the Award which are reproduced hereinbelow:-

"39. In light of my findings given above I now deal with the claims and counter claims.

Claim No.1. Seeks quashment of letter dated 03-03-2016 terminating the lease deed being illegal and void being in violation of the terms of the registered lease deed.

Claim No.2. Seeks declaration that the le
















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