JUDGEMENT

Neena Bansal Krishna, J. - This Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as A&C Act, 1996) read with Section 13 of Commercial Courts Act 2015, has been filed against the judgment and order dated 1st February, 2022, whereby the objections of respondent no.1 under Section 34 of A&C Act,1996 against the Award dated 2nd March, 2020, have been allowed and it is held that late Smt. Kalyani Roy was the absolute owner of the property in respect of which she had entered into a Collaboration Agreement with Respondent no.1 Shri. Sandeep Soni.

2. The facts in brief are that Shri Subhash Chand Roy, deceased father of the appellant and respondent nos. 2 to 4 i.e. Mrs. Gouri Sarkar, Mr. Amitabho Roy & Mr. Partho Sarathi Roy, was the absolute owner of property bearing No. D-603, Chittaranjan Park, New Delhi-110017, admeasuring 160 sq. yards (hereinafter referred to as the suit property). Late Shri Subhash Chand Roy executed a Will dated 15thMarch, 1988, bequeathing the suit property in favor of his wife. He died on 30thJanuary, 1991 and was survived by his wife Smt. Kalyani Roy and the children i.e. the appellant and respondent nos. 2 t