RIYAZ AHMED SHARIFF Vs. PURVANKARA PROJECTS LTD.

JUDGEMENT

(1.) The present Writ Petition is filed seeking for the following reliefs:

(2.) The relevant facts necessary for consideration of the present petition are that the first petitioner entered into a Memorandum of Understanding, dtd. 24/2/2023[Hereinafter referred to as the 'MOU'] with the first respondent. Due to certain disputes that arose between the parties from the said MOU, arbitration proceedings in CMP No.83/2006 was initiated before the second respondent - the Sole Arbitrator, Hon'ble Mr.Justice Patri Basavanagoud (Retd.,)[ Hereinafter referred to as the 'Arbitral Tribunal'], wherein the first respondent was the claimant and the first petitioner was the respondent represented by his Power of Attorney Holder - the second petitioner. Vide Award dtd. 17/12/2012 the Arbitral Tribunal held that the first respondent was entitled to specific performance of the MOU and passed the following order:

(3.) The first respondent instituted Execution Case No.1764/2013 to execute the said arbitral Award and pursuant to the order passed by the Executing Court, the registered Sale Deed dtd. 23/2/2021 was executed through the Court Commissioner in favour of the first respondent in terms of the arbitral Award dtd. 17/12/2012.