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2019 Supreme(Mad) 1504

R.SUBBIAH, R.PONGIAPPAN
Prem Kumar Menon – Appellant
Versus
Lancor Holdings Limited – Respondent


Advocates Appeared:
For the Appellants : Mr. A.L. Somayaji, Senior Counsel for M/s.Adithya Reddy.
For the Respondents: Mr. P.S. Raman, Senior Counsel for M/s. C. Seethapathy, Mr. P.R. Raman, Senior Counsel for M/s. C. Seethapathy.

JUDGMENT :

R. SUBBIAH, J.

This Original Side Appeal (O.S.A) has been filed against the order dated 23.12.2016 made in O.P.No.231 of 2016 passed by the learned Single Judge, setting aside the arbitral award, dated 16.03.2016 passed by the second respondent in the arbitral dispute between the first respondent and the appellants pursuant to Joint Development Agreement, dated 17.12.2004.

2. For the purpose of convenience, the parties are referred to as they are ranked in this O.S.A. Brief facts which are necessary to decide the issue involved in this appeal are as follows:

(a) The first respondent-Company (claimant) is engaged in the business of property development and construction. The respondents 1 to 3 in the Original Petition, who are the appellants herein, are brothers. They are absolute owners in possession of land bearing New Door No.165, Old No.110, St.Mary's Road, Alwarpet, Chennai-600 018, comprised in R.S.No.3925/8, 3926/5, 3927/6, Block No.86, Mylapore Division, Mylapore-Triplicane Taluk, Chennai, ad-measuring 20 grounds and 600 Sq.Ft. According to the first respondent-Company, the appellants had represented to the first respondent that they were seeking to develop their prope

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