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2023 Supreme(Del) 4365

PRATEEK JALAN
Dcm Ltd. – Appellant
Versus
Aggarwal Developers Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Rakesh Tiku, Senior Advocate with Mr. Mukesh Gupta, Mr. Aman Gupta and Ms. Pratishtha Malhotra, Advocates, for the Petitioner.
Mr. Sanjay Manchanda, Mr. Manjit Moorjani, Advocates, for R-1, 2.
Mr. P.S. Bindra, Senior Advocate with Mr. Bhuvneshwar Tyagi, Advocate, for R-3.

JUDGMENT

Prateek Jalan, J. (Oral)

1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner challenges an award dated 12.07.2019, passed by a learned sole arbitrator, adjudicating disputes between the parties under agreements dated 27.11.1993 and 13.12.1994 ["the Agreements"].

2. The Agreements were for acquiring, transfer and sale of land in Mangar, Delhi-Haryana Border and in Village Chakkarpur, District Gurgaon, Haryana. The detailed terms of the Agreements need not detain us as the question raised by Mr. Rakesh Tiku, learned Senior Counsel for the petitioner, is confined to one point - whether the learned arbitrator has correctly found that the petitioner had waived a claim for interest upon an amount of Rs. 8.05 crores due from respondent No.1.

3. The learned arbitrator formulated the following three issues for his consideration:

    "Points to be determined

    19. The learned counsel on both sides stated and submitted that the question of interest was the only issue which requires determination by this Tribunal. In this context and the basis of the arguments advanced by the learned Counsel for the parties, it is essentially

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