JAYARAM PATHAK Vs. BABLA K.SOMAIAH

JUDGEMENT

(1.) The challenge in this appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short 'Act of 1996') is to an order dtd. 31/8/2015 passed by the Court of Principal District and Sessions Judge, Mysuru, whereby the petition filed under Sec. 34 Act of 1996 challenging the award dtd. 22/4/2013, has been rejected.

(2.) Some of the facts which are required to be noted are that, the respondent, who was the claimant before the learned Arbitrator and the respondent before the Sessions Judge, had entered into an agreement of sale with the appellant in respect of a residential flat bearing No.G-1 on the ground floor having built up area under 1700 sq. ft. along with undivided interest of 656 sq. ft. in the whole property for a consideration of 29,00,000/- (Rupees Twenty Nine Lakhs only). The case of the respondent before the learned Arbitrator was that the appellant had unilaterally changed the flat from G-1 to G-3. The appellant had also failed to furnish the necessary Khatha certificate; the approved building plan to enable the respondent avail the finance of Rs.30.97,900 from the ICICI Bank.

(3.) Despite that, the respondent had paid an amount of Rs.10,00,000.00 (Rupees Ten Lakhs only) to the appellant on 13/10/2007. In addition to that an amount of Rs.3,10,000.00 (Rupees Three Lakhs Ten Thousand only), was paid as advance.