(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 directing the Respondent to execute sale deed in respect of 75% of the undivided share in the property and also to execute Power of Attorney in respect of 75 % of the undivided shares in favour of the Claimant. In nutshell specific performance was granted by Award dated 29.12.2008.

2. O.P.No.111 of 2009 filed by the claimant challenging the arbitral Award finding that Clause 12 of the Joint Development Agreement is null and void and rejecting the claim of the claimant for direction to sell 6000 sq.ft out of 55% share of the owner. Since the entire award relates to the Joint Development Agreement between the parties, both the Original Petitions are disposed of in a common order and the facts are one and the same, the parties referred as per their own rankings before the Arbitral Proceedings.

3. The Respondent is the owner of the 1.11 Acre of land (comprising S.No.1/14B6 measuring 23 cents, S.No.1/14E measuring 52 cents and S.No.1/14D measuring 36 cents), in Chitlapakkam Village, Saidapet Taluk, Chenglepet District. The claimant and respondent entered into a Development Agreement on 17.6.2004 for the development of a portion of the land i.e., 14.17 grounds out of 1.11 Acres. It is the admitted fact that at the time of the agreement that 14.17 grounds has not been identified. Whereas boundaries for entire 1.11 Acres was shown in the agreement. The Claimant agreed to construct and complete the residential complex, specified in Schedule C of the agreement subject to the Development control Rules and statutory approval and regulations of CMDA and other authorities. As per the agreement the claimant shall, at his cost, construct the entire building and allot 25% out of the total built up area, together with the proportionate undivided share of the land to the owner/respondent and 75% of the constructed area together with its proportionate undivided share of the land could be sold or retained by the Claimant.

4. It is also agreed between the parties that the claimant should pay Rs.50 lakhs as security deposit to the respondent which was refundable. On the date of agreement Rs.10 lakhs has to be paid and the remaining amount of Rs.40 lakhs be paid to discharge the loan of the Respondent in the Indian Overseas Bank. The claimant has paid Rs.10 lakhs on the date of agreement and paid Rs.34,28,923/- and settled the loan account of IOB relating to the property on 12.7.2004. The claimant also raised a loan from one M/s.Aarkay Associates by mortgaging the property on 12.7.2004 besides he has also paid certain tax arrears to the Chitlapakkam Panchayat to enable the sub-division of the land. The claimant has obtained Patta and paid all the arrears. However, due to some procedural delay in the CMDA, there was a delay in sub-division and approval of the building from CMDA which