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2018 Supreme(P&H) 4775

RAJ MOHAN SINGH
Shalimar Estates Pvt. Limited – Appellant
Versus
Reliance Retail Limited And Another – Respondent


Advocates Appeared:
Vikas Behl, Senior Advocate with Mr. Amandeep Singh, Advocate and Mr. Nikhil Sabharwal, Advocate, for the Appellant; Mr. Ashok Aggarwal, Senior Advocate with Mr. Rajinder Goel, Advocate Mr. K.S. Nalwa, Advocate Mr. Aashish Chopra, Advocate Ms. Rupa Pathania, Advocate and Mr. Prateek Sodhi, Advocate, for the Caveators/Respondents

JUDGMENT

Raj Mohan Singh, J. - The present revision petition has been preferred against the order dated 04.10.2018 passed by Additional District Judge-cum-Presiding Judge, Special Commercial Court at Gurugram vide which the executing Court has decided points No.1, 2 and 4 holding that the constructive possession of the demised premises was handed over to the petitioner on 14.11.2011/21.11.2011.

2. Petitioner claimed that the alleged handing over of the possession was merely symbolic in nature and the same was in complete violation of the Arbitration award dated 07.09.2011. The possession in terms of the award has not been handed over to the petitioner till date and as such, the petitioner is entitled to receive rent till date in terms of the Arbitration award. The alleged handing over of the possession without removing fit-outs as per terms of the award is no possession in the eyes of law. Respondents have kept the claim qua fit-outs alive, rendering the property of no use to the petitioner, therefore, the petitioner claimed interest @ 18% per annum as per award till actual realisation of the amount.

3. Few facts are relevant to be noticed. Petitioner purchased a plot for a Mall in

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