Arbitral award came to be published by the sole Arbitrator

allowing the claim petition filed by the respondent herein in part

and awarded a sum of Rs.10,81,28,458/- as a compensation to

the respondents herein.

2.

The application filed under Section 34(2) of the

Arbitration & Conciliation Act (for short 'Act') challenging the

award was dismissed on the ground that it was filed beyond the

limitation period of 120 days against which the petitioner filed

COMAP No.16/2019. The Division Bench of this Court by order

dated 24.11.2021 dismissed the appeal and the same was

confirmed by the Hon'ble Supreme Court in SLP No.1660/2022.

3

3.

Respondent initiated enforcement proceedings in

Com.Ex.No.41/2022 before the Commercial Court concerned and

in the said proceedings, the petitioners filed an application under

Section 47 of the Code of Civil Procedure (for short 'CPC')

pointing out that fraud having been played on Bangalore

Development Authority (for short 'BDA'), the award cannot be

enforced on BDA and the execution petition may be dismissed.

The Execution Court dismissed the application against which the

present petition is filed.

4.

Mr. Aravind Kamath, learned Senior counsel for Mr.

Ajay