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2019 Supreme(Mad) 1118

N.SATHISH KUMAR
V. Gnanarajapushpam – Appellant
Versus
BBC Foundation Private Limited, Represented by its Managing Director, Vummidi Barath, T. Nagar – Respondent


Advocates:
Advocate Appeared:
P.L. Narayanan, G. Masilamani Senior Counsel for M/s. Rajnish Pathiyil, Advocate.

JUDGMENT :

(Prayer in O.P.No.27 of 2009 :- This Original Petition has been filed under section 34 of the Arbitration and Conciliation Act to set aside the award dated 29.12.2008 passed by Justice Dr.A.K.Rajan, Judge (Retd.) in the Arbitration Proceedings pursuant to Arb.O.P.No.593 of 2006 (on the file of Madras High Court) in the matter of dispute between the petitioner and the respondent and consequently allow the Counter claim made by the petitioner.

Prayer in O.P.No.111 of 2009 :- This Original Petition has been filed under section 34 of the Arbitration and Conciliation Act to set aside the award dated 29.12.2008 passed by the Sole Arbitrator, Dr.A.K.Rajan, Judge (Retd.) of the High Court arising out of Arb.O.P.No.593 of 2006, in so far as Issue No.5-B and clause 14.05 of the Award is concerned and consequently permit the petition to adjust the 6000 Sq.ft. of constructed area and its proportionate undivided share of land towards the dues payable by the respondent to the petitioner as covered in Clause 12 of the Development Agreement dated 17.06.2004 and costs of the proceedings.)

O.P.No.27 of 2009 has been filed by the Respondent challenging the Award of the sole Arbitrator directi


























































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