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2021 Supreme(Del) 1589

VIBHU BAKHRU
Airwil JKM Infracon Pvt. Ltd. – Appellant
Versus
Cadillac Infotech Private Ltd – Respondent


Advocates appeared:
Saurabh Kirpal, Advocate, Saket Sikri, Advocate, Manik Dogra, Advocate, Davinder Singh, Advocate, Ajay Pal Singh Kultar, Advocate, Arun Rathi, Advocate, Harish Malhotra, Advocate, Kartik Yadav, Advocate, Manhar Singh Saini, Advocate, Karanvir Singh Goraya, Advocate, Sumedha Sumedha, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner (hereinafter referred to as AJIPL) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 impugning an arbitral award dated 16.10.2018 (hereafter the impugned award) delivered by an Arbitral Tribunal constituted by Justice (Retired) Sh Sudhir Kumar Katriar, a former Judge of the Patna High Court as the Sole Arbitrator (hereafter the Arbitral Tribunal). The arbitral proceedings were conducted under the aegis of the Delhi International Arbitration Center (DIAC) and in accordance with its rules.

2. In terms of the impugned award, AJIPL has been directed to hand over vacant and physical possession of the property bearing plot nos. 1, 2, 10, 11 and 12 measuring 20,000 sq. meters situated in Sector 135, Noida, District Gautam Budh Nagar, Uttar Pradesh (hereafter the Subject Land) to the respondent (hereafter CIPL) within a period of four weeks from the date of the award. In addition, the Arbitral Tribunal has awarded CIPL an amount of Rs. 20,00,000/- per month with effect from 18.07.2015 till the date of payment along with simple interest at the rate of 9%, as damages resulting from AJIPL retaining possession

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