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2019 Supreme(Del) 1267

NAVIN CHAWLA
Airport Authority of India – Appellant
Versus
Mumbai International Airport Ltd. – Respondent


Advocates:
Advocate Appeared:
Tushar Mehta, Raghavender Shankar, Karan Lahiri, Kanu Agarwal, Adit Khorana, P. Chidambaram, Ankur Chawla, Kanika Singh, R.K. Mohit Gupta, Pallavi Langar, Palak Vashist.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") challenging the Arbitral Award dated 23.09.2018 passed unanimously by a three member Arbitral Tribunal.

2. The dispute between the parties, though required reference of the Arbitral Tribunal and of this Court to various documents exchanged between the parties and meetings held by them for a period ranging almost 10 years, lies in a very narrow compass. The dispute is whether land ad measuring 16860 sq. mtrs. (approx. 4.17 acres) being the "F" Block of the NAD Colony located near New Engineering Complex (NEC) Gate, Bamanwada Village, Taluka Andheri, Mumbai Suburban District (hereinafter referred to as the "disputed land") was the "Demised Premises" in terms of Schedule 25 of the Operation, Management and Development Agreement dated 04.04.2006 (hereinafter referred to as "OMDA") executed between the parties or was a "Carved Out Assets."

3. Chapter I (Definitions and Interpretation) of OMDA defines "Carved







































































































































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