ORDER :

These three Original Petitions have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 against the Award passed by the Arbitrator appointed by this Court by order dated 15.01.2018.

2. O.P.No.581 of 2018 is filed by First Respondent in the Arbitration proceedings. This O.P. has been filed mainly challenged the Award as the Arbitrator has gone beyond the terms of contract and terminated the Joint Development Agreement dated 08.11.2010 on the ground that the findings of the Arbitrator is perverse, patently illegal, against the fundamental policy of Indian Law.

3. O.P.No.542 of 2018 is filed by the Second Respondent in the Arbitral proceedings, as against the Award rejecting claim for damages and compensation.

4. O.P.No.347 of 2018 is filed by the Claimant himself challenging the Award negatived his claim in respect of 37% of sale consideration in 11 flats sold by the first respondent.

5. Since all the three Original Petitions are filed against the Award passed by the Sole Arbitrator appointed by this Court, all the Original Petitions are disposed of in a Common Order.

6. The brief facts leading to file these petitions are as follows:

6.(a) The Claimant is the land owner. He acquired land to an extent of 3.91 Acres in Pududpakkam Village, Kancheepuram District. He entered into a Joint Development Agreement dated 8.11.2010 with the First Respondent company. He has also executed two General Power of Attorneys in favour of the First Respondent on 11.11.2010 and 22.07.2011. Several persons have booked for their respective flats in that area. In one of the clause in the Joint Development Agreement in para 3.5, it is stipulated as under:

"3.5 : the amounts on such sale of Saleable Area shall be collected by the developer and deposited in a designated bank account in any Bank/Financial Institution to be operated in the name of Developer. The account shall be operated only for this project."

6 (b) In pursuant to the above terms, First Respondent opened a Current Account in HDFC Bank, Alwarpet Branch on 12.08.2011 in the name of the Company (M/s.Green Tree Homes and Ventures Pvt. Ltd.,) bearing Account No.193986400018 so as to facilitate the deposit of the cheques issued by the flat buyers towards sale consideration and also to transfer 37% share of the claimant. As on 31.12.2014 the First Respondent had sold and registered 263 flats together proportionate Undivided Share (UDS) of the land. The buyers of the flats are members of the Second Respondent Association. Even from March 2014 the First Respondent become irregular in paying the 37% share of the Claimant and subsequently have even stopped in paying the amounts due to the claimant. The First Respondent had misused 37% share of the Claimant for their personal gains and in total violation of the Joint Development Agreement. The First Respondent did not make any improvement in the project by proceeding with the construction even after receiving monies from the buyers. The buyers started questioning about their not getting possession over the flats. The Director of the company Mr.Sathyamoorthy apprehending legal action left the country and there was no other authorised person to represent the company. Thus the project came to a standstill and all the buyers have lost their confidence with the First Respondent. He abandoned the project and had cheated the buyers. Despite the Order passed by the High Court in a contempt application he did not appear before the High Court. Therefore, it becomes necessary that the Joint Development Agreement dated 8.11.2010 shall be terminated and the Claimant should be permitted to enter into development agreements with the members of the Second Respondent Association and also with third parties in order to complete the construction on mutually agreed terms and conditions.

7. The Second Respondent is also made claim pursuant to the Joint Development Agreement between the Claimant and the First Respondent. The members of the Second Respo