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2023 Supreme(Online)(DEL) 8433

HIGH COURT OF DELHI
MR VIBHU BAKHRU, MR AMIT MAHAJAN, JJ
SUDERSHAN KUMAR BHAYANA (DECEASED) THR LRS – Appellant
Versus
VINOD SETH (DECEASED) THR LRS – Respondent


Advocates:
For the Appellants: Mr. Gurmehar S. Sistani
For the Respondents: Mr. Kunal Seth

JUDGMENT

VIBHU BAKHRU, J

1. The present cross appeals have been filed under Section 37(1)(c) of the Arbitration & Conciliation Act, 1996 (hereafter ‘the A&C Act’) impugning an order dated 15.04.2019 (hereafter ‘the impugned order’) passed by the learned Single Judge of this Court in OMP No.1125/2014 captioned Vinod Seth (deceased) through Kunal Seth & Anr. v. Sudershan Kumar Bhayana & Anr. The legal heirs of Sh. Vinod Seth [appellants in FAO(OS) No.204 of 2019 / respondents in FAO(OS) No.132 of 2019] had filed the aforesaid application under Section 34 of the A&C Act impugning an arbitral award dated 21.10.2013 (hereafter ‘the impugned award’) delivered by an Arbitral Tribunal comprising of a sole arbitrator. They took exception to the impugned award to the limited extent that the claims made by the respondents (their predecessor) were allowed, and to the extent that the counterclaims were not awarded in full.

Factual Context

2. The impugned award was rendered in the context of the disputes that had arisen in connection with the agreement dated 09.04.2010 (hereafter ‘the Collaboration Agreement’) in respect of a property described as “three storied Built-up Property Bearing No. 40, i

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