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2021 Supreme(Del) 82

VIBHU BAKHRU
Delhi Development Authority – Appellant
Versus
Eros Resorts and Hotels Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Rajiv Bansal, Mr. Vaibhav Agnihotri, Mr. Milind Jain, Ms. Jasmeet Kaur.
For the Respondents: Mr. Harish Malhotra, Mr. Rajender Agarwal, Mr. Anoop Kumar.

JUDGMENT :

VIBHU BAKHRU, J.

1. The Delhi Development Authority (hereafter the ‘DDA’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) impugning a common Arbitral Award dated 02.06.2019 (hereafter ‘the impugned award’) delivered by the Arbitral Tribunal comprising of a Sole Arbitrator, in respect of disputes arising in connection with contracts for sale of two plots of land respectively.

2. The impugned award has been rendered in the context of disputes that have arisen between the parties in relation to Plot Nos. 13A and 13B situated at Mayur Vihar District Centre, New Delhi, which were auctioned for the purpose of constructing a hotel. Allotment cum Demand letters dated 30.06.2006 with respect to the aforesaid plots had been issued pursuant to an Auction Notice dated 05.06.2006.

3. By the impugned common award, the Arbitral Tribunal has partly accepted the claims preferred by the respondent (hereafter ‘Eros’). The Arbitral Tribunal directed the petitioner to release the Performance Bank Guarantees of Rs. 5.90 crores and has awarded a sum of Rs. 12 lacs each against Eros’s claim for bank charges for keeping the sa

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