Once a document is admitted in evidence, the party cannot re-agitate the admissibility, and the Arbitral Tribunal is not bound by the strict rules of civil procedure and evidence act.

JUDGMENT

Amit Mahajan, J. - Feeling aggrieved by the judgment dated 09.12.2021 passed by the learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') dismissing the challenge raised to the interim award dated 01.11.2021, the appellant has filed the present appeal under Section 37 of the A&C Act.

Relevant Facts

2. The respondent, Vardhman Buildtech Private Limited (hereafter 'Vardhman') filed a Statement of Claims before the Arbitral Tribunal, claiming that they had entered into a Collaboration Agreement dated 16.03.2010 for development of the appellant's land situated at P-8, Greater Noida, District Gautam-budh Nagar (U.P.). It claims that it had paid a sum of ?6.5 crores at the time of execution of the said agreement.

3. It is claimed that the appellant, thereafter, decided to sell part of the plot of the said land and entered into an Agreement to Sell dated 04.04.2011 for a total sale consideration of ?7.5 crores.

4. Certain disputes arose in relation to the transactions, which led to the arbitral proceedings.

5. Before the Arbitral Tribunal, Vardhman claimed as under:

a. Direct respondent to get registered the sale deed of 2.929 Acres of plot (as per Annexure of site plan) out of plot No. S-5001, P-8, Greater Noida, District Gautam Budh Nagar,Uttar Pradesh. In the alternative if it is not possible to transfer due to the legal restriction direct the respondent to refund sum of Rs. 7.5 crores with 18% interest from 01.06.2011 till actual payment.

b. Compensation of Rs. Two crores be awarded to claimant against respondent with interest as determined by Hon'ble Arbitrator.

c. Cost of Rs. Thirty lakhs be awarded to claimant against respondent.

d. Make any other award in favour of claimant and against respondent

6. The appellant filed its Statement of Defence and admitted to have executed the Agreement to Sell dated 04.04.2011, however, sought rejection of the claim on various grounds including that the claim was barred by limitation; Vardhman had failed to fulfil its obligation under the Agreement to Sell dated 04.04.2011; Vardhman was unable to establish its readiness and willingness for the Sale Deed to be executed in its favour; and that the Agreement to Sell dated 04.04.2011 was abandoned by Vardhman.

7. It is pertinent to mention that no objection that the Agreement to Sell dated 04.04.2011 was insufficiently stamped, was taken by the appellant.

8. The learned Arbitral Tribunal vide order dated 09.05.2019, in consultation with the parties/their counsel, fixed a schedule for conduct of arbitral proceedings and with their consent also passed certain practice directions.

9. The practice direction, relevant for the purpose of the present dispute, is stated as under:

7.8 In the Affidavits of Admission/Denial,the parties will list and describe such of the documents the existence / genuineness of which are in dispute, setting out the reasons therefor in brief. In the absence of the same, the document shall be available for being read in evidence, dispensing with the need of formal proof thereof. However, the question of evidentiary value to be attached to the document shall remain open for consideration at the final hearing.

10. The timelines were also fixed wherein the Statement of Claims was to be filed by 23.05.2019 and the Statement of Defence and rejoinder were to be filed by 20.06.2019 and 11.07.2019 respectively. The affidavits of admission and/or denial of respective documents were to be exchanged by the parties by 01.08.2019 and the proposed draft points for determination by the Arbitral Tribunal, were to be exchanged by the parties by 08.08.2019.

11. Issues were, thereafter, framed by the Arbitral Tribunal in its order dated 09.08.2019. No specific issue was either sought by the appellant or framed by the Arbitral Tribunal, in respect of improper stamping or non-registration of the Agreement dated 04.04.2011.

12. Thereafter, on 10.10.2019, when the claimant's witness was to be cross-exa