ASSUNTA BALU DEVELOPERS AND ORS. Vs. RAMAMURTHY

JUDGEMENT

(1.) THESE appeals are filed challenging the common judgment passed by the 4th Additional City Civil & Session Judge, Mayo Hall Unit, Bengaluru, in A.C. No. 10002/1994 and Misc. No. 10002/1996, whereby the award passed by Arbitrator was made a rule of the Court (in A.C. No. 10002/1994) and the petition filed by the appellant to reject the award was dismissed (in Misc. No. 10002/1996).

(2.) APPELLANT No. 1 is the partnership firm and appellant Nos. 2 to 5 are the partners (hereinafter referred to as 'the Developer') who entered into joint development agreement (hereinafter referred to as the 'the J.D.A.') with the respondent/landlord through his G.PA. (hereinafter referred to as 'the landlord') to develop his property.

(3.) IN A.C. No. 10002/1992, the appellants filed their application under Sections 30 and 33 of the Act challenging the award and filed separate petition under the same statutory provisions seeking to reject the Award which came to be registered in Misc. No. 10002/1996. They challenged the very arbitration agreement itself as void: the authority of the power of attorney holder to enter into agreement for joint development and the marketable right of the said property to the landlord was disputed. That apart, several issues were raised like lack of valid title with the landlord for want of registration of the Award through which landlord acquired title, inability of the award to perform misconduct of arbitral proceedings, want of dispute that could be arbitrated, bad reference order etc. were the grounds of attack on the Award. After giving audience to both, the Court below has passed the impugned order thereby made the Award rule of the Court and dismissed Developers petition in Misc. No. 10002/1996.