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IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH MEHTA, VINOD KUMAR
Delhi Development Authority – Appellant
Versus
Kalwa – Respondent
| Table of Content |
|---|
| 1. overview of facts regarding the parking site dispute (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. claim and defense statements in arbitration (Para 7 , 8 , 9 , 10) |
| 3. arbitration proceedings and issues framed (Para 11 , 12 , 13 , 14) |
| 4. court's reasoning on arbitration award and encroachments (Para 15 , 16 , 17 , 18) |
| 5. arguments and counterarguments regarding 'as is where is' clause (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. interpretation of 'as is where is' clause in contract (Para 25 , 28 , 29 , 32) |
| 7. conclusions and orders of the court (Para 37 , 38 , 39) |
JUDGMENT :
VINOD KUMAR, J.
1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) is directed against a judgment dated 31.10.2025 passed by the learned District Judge-02, Central District, Tis Hazari, Delhi (in short ‘District Judge’) in ARBTN A.(Comm.)No.33/2019, vide which he dismissed the objections under Section 34 of the Act filed by the appellant-DDA under of the Act challenging the Award dated 20.05.2014 adjudicated by the sole Arbitrator. For the sake of convenience, the appellant would also be referred to as ‘DDA’ and respondent would also be referred to as ‘Claimant’.
DISPUT
The interpretation of 'as is where is' clause does not absolve the vendor of responsibility for delivering an operational property; oral assurances prior to contract affect enforceability.
Judicial intervention under Section 34 of the Arbitration Act is limited; an award may only be set aside for contravention of public policy or patent illegality, rather than disagreements over contra....
The main legal point established in the judgment is the limited scope of judicial review in tender/contractual matters, emphasizing that courts cannot rewrite contracts and that the remedy for contra....
The court's jurisdiction under Section 11 of the A&C Act is limited to determining the existence of an agreement with an arbitration clause and the presence of arbitral disputes.
The court upheld the arbitrator's ruling that the appellant was contractually required to provide the entire advertising area for the duration of the contract, emphasizing limited grounds for judicia....
The main legal point established in the judgment is the limited jurisdiction of the Court under Section 34 of the Arbitration and Conciliation Act, the interpretation of contractual terms and facts, ....
The main legal point established in the judgment is that the interpretation of contract terms falls within the jurisdiction of the Arbitral Tribunal and can only be challenged if the interpretation i....
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