SATISH KUMAR MALHOTRA Vs. RAJINDER BAJAJ

JUDGEMENT

(1.) Satish Kumar Malhotra is the appellant before this court. He has impugned the judgment dated 28.2.2004. Vide the impugned judgment and decree dated 28.2.2004 the order of the trial judge dated 15.12.1999 had been endorsed. The trial judge had disposed of the petition under Section 20 of the Indian Arbitration Act 1940 (hereinafter referred to as the Arbitration Act?) and simultaneously allowed the application under Order 23 Rule 3 of the Code of Civil Procedure (hereinafter referred to as the the Code?) in terms of which the parties had entered into a valid cancellation agreement dated 11.7.1997 cancelling their agreement dated 30.11.1983. In terms of this compromise dated 11.7.1996 Satish Kumar Malhotra (hereinafter referred to as the appellant?) had handed over the suit property i.e. property bearing No.GI/10, G.T.Karnal Road, Industrial Area, Delhi to Rajinder Bajaj (hereinafter referred to as the respondent?).

(2.) Factual matrix of the case is as follows:

(3.) A second appeal i.e. RSA No.175/2004 has been filed by the appellant; CM(M) No.967/2004 had also simultaneously been preferred against the same judgment.