R. SUBRAMANIAN, R. SAKTHIVEL
Binny Limited – Appellant
Versus
SPR Construction Private Limited – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
Prayer: Original Side Appeal filed under Section 13(1) of the Commercial Courts Act, 2015, against the judgment passed in O.A. No. 128 of 2023 dated 12.06.2023.
1. All these appeals have been filed under Section 37 of the Arbitration and Conciliation Act, challenging the order passed by the learned single Judge in exercise of jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 (herein after referred to as Act).
2. The proceedings stemmed out of a Joint Development Agreement entered into between the appellant and the 1st respondent for development of the land measuring about 63 acres situate in North Chennai. An irrevocable Power of Attorney was also executed by the appellant/land owner on 29.06.2015 to enable the developer to carry out necessary works for developments. There was an amendment to the joint development agreement on 22.02.2018 and pursuant to the same, a new Power of Attorney, which was also irrevocable, was executed on 22.02.2018. The parties had agreed to share the proceeds of the sale at 60:40, i.e. while the developer would take 60% of the sale proceeds, 40% of the sale proceeds would go to the owner/appellant herein
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