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2010 Supreme(Del) 1133

IN THE HIGH COURT OF DELHI AT NEW DELHI
A.K.Sikri, J.
Rakesh Bala Aneja - Appellant
Versus
J.S. Sood - Respondent
FAO(OS) No. 38/2010 and CM No. 691/2010 (for stay)
Decided On : 30-07-2010

Advocates Appeared:
Mr. R.S. Suri, Sr. Advocate with Mr. Manoj Saxena and Mr. Shwetank Sailakwal, Advocates for the Appellants.
Mr. Girdhar Govind and Ms. Noorun Nahar Firdausi, Advocates for the Respondent.

Headnote:

Arbitration & Conciliation Act, 1996 - Section 37 - Objections against award - Dispute about collaboration agreement - Award based on documentary evidence produced before the Arbitrator - No error or infirmity in award - Held that objections were rightly rejected by the ld. single judge.

Reva Khetrapal, J.

1. This appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 arises out the judgment and order dated 30th October, 2009 passed by the learned Single Judge, dismissing the objections filed by the appellant against the award dated 14th/23rd August, 2009 passed by Mr. J.S. Sood, Sole Arbitrator.

2. The facts relevant for deciding the appeal are as follows:-

(a) The respondent No. 2, Smt. Sushila Bajaj filed a claim before the Arbitrator against Sh.S.C. Aneja, predecessor-in-interest of the appellant alleging thereunder that Sh.S.C. Aneja, who was allotted a commercial land bearing No. P-2, Sector-5, Noida measuring about 850 sq. yds. for the construction and running of a temporary cinema, had entered into a Collaboration Agreement with her on 5th January, 1983. The said Collaboration Agreement was entered into by Sh.S.C. Anejha as he was not in a position to pay the amount demanded by the Noida Authority towards the allotment as well as for raising the construction and running the cinema thereon. In pursuance to the said Agreement, the respondent No. 2 paid money to the Noida Authorities and invested a sum of Rs. 20 lakhs on the construction of the temporary cinema and thereafter started running the cinema. Sometime in the year 1986, the administration of the Noida Authority agreed to allot more land to Sh.S.C.Aneja for the purpose of construction of a regular cinema hall at the existing site of the temporary Alka Cinema in Sector-V, Noida Complex, District Ghaziabad. Thereupon, Sh.S.C. Aneja requested the respondent No. 2 to invest another sum of Rs. 30 lacs, that is, a sum of Rs. 26 lacs as the allotment value and Rs. 4 lacs as penalty, etc. The respondent No. 2 and her husband - Sh. Inderjeet Bajaj, agreed to do so upon entering into another Agreement dated 10th January, 1987. The parties to the said agreement were Sh. Inderjeet Bajaj, the husband of the respondent No. 2 and Sh. S.C. Aneja. The investment of Rs. 30 lacs was made by Sh. Inderjeet Bajaj by paying a sum of Rs. 14 lacs in cash to the Noida Authority and for the balance amount of Rs. 16 lacs, a bank guarantee was given to ensure payment of Rs. 1 lakh per month by Sh. Inderjeet Bajaj. Thus, the respondent No. 2 and her husband together invested a sum of Rs. 50 lacs in the cinema plot which is now known as Alka Cinema. The said cinema was being managed and run by them in accordance with the Agreement. In terms of the Agreement, the parties also created a private limited company in the name of `S.C. Aneja Theatres Pvt. Ltd.', in which Sh. S.C. Aneja was one of the directors and the remaining three directors were Smt. Sushil Bajaj (respondent No. 2), Sh. Inderjeet Bajaj (husband of the respondent No. 2) and Sh. Sanjay Bajaj ( a family member of the respondent No. 2). Sh. Inderjeet Bajaj was the Managing Director of the company and by a further communication sent to the Noida Authority, the latter was requested to transfer the allotment of cinema plot to the Company. As per the Agreement dated 10th January, 1987, as well as the Articles of Association of the Company, the ratio of the parties in the shareholding of the Company was 75% and 25% , that is, 75% to Sh. Inderjeet Bajaj and his family and 25% to Sh. S.C.Aneja and his family.

(b) The case of the respondent No. 2, who was the claimant before the learned Arbitrator was that while the respondent No. 2 and her husband were running the Alka Cinema as per the Agreement between the parties, they were suddenly and forcibly dispossessed from the occupation of the cinema by Sh. S.C. Aneja on the night of 2nd April, 1998. Allegedly, Sh. S.C. Aneja, with the help of an Inspector of police and other police officials broke open the locks of the building, abused and manhandled the representatives and employees of the respondent No. 2 and thereby illegally occupied the cinema premises. Consequent to this aforesaid forcible occupation of the cinema by Sh. S.C. Aneja with the help of the loca

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