IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12^th February, 2026 EMAAR MGF LAND LTD. .…...Appellant(s)

V/s MR.ABHSHEK KOHLI ......Respondent(s)

CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present Mr. Ashim Aggarwal, Advocate for the appellant.

Mr. Sukhandeep Singh, Advocate for the respondent.

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ASHWANI KUMAR MISHRA, J. (Oral)

1. This Appeal, filed under Section 27 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”), seeks to assail Award dated 28.03.2016, passed by the Arbitrator against which objections, filed by the appellant under Section 34 of the Act of 1996, have also been rejected vide order dated 27.08.2019 passed by the Addl. District Judge, S.A.S. Nagar, Mohali.

2. Admitted facts of the case are that a Plot Buyers Agreement (for short “the Agreement”) was executed by the appellant in favour of the respondent on 04.07.2007, allotting Plot No. 449, Pinewood Park, Sector 108, Mohali. The sale price was mentioned in Clause 2 of the Agreement. Clause 8 of the said Agreement contained a promise of the appellant to deliver possession of the allotted land to the respondent after two years but before expiry of three years. Clause 8, since has relevance in the present controversy, the same is reproduced hereinafter:-

“8. Subject to Force Majeure conditions and reasons beyond the control of the Company, the Company shall endeavor to deliver possession of the Plot to the Allottee within a period of 2 (Two) years from the date of execution of this Agreement, but not later than 3 (Three) years. In the event that the possession of the Plot is likely to be delayed for reason of any force majeure event or any other reason beyond the control of the Company including government strike or due to civil commotion or by reason of war or enemy action or earthquake or any act of God or if non delivery is as a result of any act, notice, order, rule or notification of the Govt. and any other public or Competent Authority or for any reason beyond the control of the Company, then in any of the aforesaid events, the Company shall upon notice claiming force majeure to the Allottee be entitled to such extension of time till the force majeure event persists or the reason beyond the control of the Company exists. In the event that the Company fails to deliver possession of the Plot without existence of any force majeure event or reason beyond the control of the Company within a maximum period of 3 (Three) years from the date of execution of this Agreement, the Company shall be liable to pay to the Allottee, a penalty of the sum of Rs. 50/- (Rupees Fifty only) per sq. yds per month for such period of delay beyond 3(Three) years from the date of execution of this Agreement.”

3. The period of three years, within which the possession was to be delivered, expired in July, 2010. The possession was not delivered to the respondent as was promised in the said Agreement. It appears that as the development of Sector 108 was not complete, the appellant, on 19.04.2011, changed the allotment of earlier allotted Plot to Plot No. 207, Augusta Greens, Sector 109, Mohali Hills and an addendum to the initial Plot Buyers Agreement dated 04.07.2007 was also executed. An undertaking by way of an affidavit was also submitted on 26.04.2011 which though referred to date when the possession was offered, but the same was found blank.

4. The respondent ultimately issued a legal notice dated

23.03.2013, stating that though the amount towards the cost of the plot has been deposited by him, but the area has not been developed and possession of the plot has not be delivered as such, the deposited amount be refunded along with 18% interest. Correspondence ensued between the parties and ultimately, the matter was referred to the Arbitrator as per Clause 39 of the Plot Buyers Agreement.

5. The Arbitrator has considered the claim of the parties and has returned a finding that Sectors 108 a