NAJMI WAZIRI, VIKAS MAHAJAN
India Tourism Development Corporation – Appellant
Versus
Bougainvillea Multiplex Entertainment – Respondent
ORDER
Najmi Wazri, J. (Oral). - FAO(OS) (COMM) 137/2022, CM APPL. 25520/2022, CM APPL. 25521/2022 & CM APPL. 25522/2022
1. This appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 ('Act') impugns the order dated 01.04.2022 in O.M.P. (COMM.) 402/2018, passed by the learned Single Judge of this court dismissing the appellant's petition under Section 34 of the Arbitration and Conciliation Act, 1996, against an Arbitral Award dated 11.05.2018. Primarily, the ground of challenging the order under Section 34(2-A) of the Act is patent illegality appearing on the face of the Award.
2. The learned Senior Advocate for the appellant submits that the Award is against the public policy; that the respondent had been awarded compensation, which is unjustified and is contrary to the admitted facts; that the responsibility to maintain the structure, in which the licensed premises were housed, lay upon the licensee; that the licensed premises were taken after inspection by the licensee on as is where is basis; the leakage in the roof of the structure was not to be repaired by the licensor; therefore damages, etc, as may have been caused to and claimed by the licensee, was entire
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