SURESH KUMAR Vs. SATISH MEHRA

JUDGEMENT

(1.) Suresh Kumar has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging an Award passed by the sole Arbitrator (Respondent No.2) dated 19th April 2003 in the disputes between the Petitioner and Respondent No.1, Satish Mehra.

(2.) Respondent No. 1 was the Claimant before the learned Arbitrator. He stated that the Petitioner herein was the owner of the second floor of the property at B-123, Swasthya Vihar, Delhi 110092. In respect of the said property the Petitioner executed an Agreement to Sell on 21 st March 2002 whereby the Petitioner agreed to sell the said property to Respondent No.1 for a total consideration of Rs.5 lakhs. The case of the Petitioner was that he never agreed to sell the property but had signed the said documents only as security for a loan of Rs.5 lakhs. The case of the Petitioner further was that he had already refunded Respondent No. 1 a sum of Rs.1,50,000.

(3.) The original of the Agreement to Sell as produced by Respondent No. 1 before the learned Arbitrator was exhibited as Ex.CW1/3 and forms part of the arbitral record perused by this Court. Each page of the said Agreement to Sell contains the signature of the Petitioner in English. Also produced before the learned Arbitrator were the registered General Power of Attorney ('GPA') signed by the Petitioner (Ex.CW1/2), receipt (Ex.CW1/1), Special Power of Attorney ('SPA') (Ex.CW1/5), and affidavit (Ex.CW1/1). Also produced before the learned Arbitrator was the rent deed (Ex.CW1/7) executed by the parties whereby Respondent No. 1 described as the owner of the property in question gave on rent the said property to the Petitioner at a monthly rent of Rs.17,000. The lease deed was consistent with the fact that after the Respondent No.1 received symbolic possession of the property, thereafter the Petitioner continued to retain physical possession. The arbitration agreement entered into between the parties was also exhibited (Ex.CW1/6). In terms thereof "any kind of disputes" arising between the parties were to be referred to a sole Arbitrator.