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2022 Supreme(Mad) 1660

M. SUNDAR
Color Home Developers Pvt. Ltd. , Rep. by its Managing Director D. Ramesh – Appellant
Versus
M/s. Color Castle Owners Society, Rep. by its Secretary Murugesan – Respondent


Advocates appeared:
For the Petitioner:V. Manohar, Advocate.

JUDGMENT

(Prayer: Original Petition filed under Section 34(2)(a) IV and V of the Arbitration and Conciliation Act, 1996 praying to

(a) Set aside the Arbitral Award dated 29.07.2021 in A.F.No.208 of 2019 on the file of sole Arbitrator Mr.S.Rajasekar, Advocate;

(b) Direct the respondent to pay the costs;)

1. Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 29.10.2021 assailing an 'arbitral award dated 29.07.2021 bearing reference No.A.F.No.208 of 2019' [hereinafter 'impugned award' for the sake of convenience and clarity].

2. Short facts shorn of elaboration will suffice as this is a Section 34 legal drill under 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', [hereinafter referred to as 'A and C Act' for the sake of brevity]. To be noted, there will be a little elaboration on this legal drill under Section 34 elsewhere infra in this order.

3. Be that as it may, short facts shorn of elaboration are that the lis is between Developer/Builder who put up/constructed about 100 residential apartments in a project which was named 'Color Castle' [hereinafter 'said project' for the sake of c






































































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