AMRIT PAL AHUJA Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) THE challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') is to an impugned Award dated 22nd May 2006 of the learned sole Arbitrator in the dispute between the Petitioners, Mr. Amrit Pal Ahuja, Mr. Parmod Ojha, Mr. Vijay Kumar Ojha, Mr. Rajesh Kumar Jain, Mr. Raj Kumar Jain and Mr. Ravinder Kumar Jain, and the Respondent Mahanagar Telephone Nigam Limited ('MTNL'), arising out of four lease deeds all dated 14th May 1999 executed by the Petitioners in favour of MTNL.

(2.) THE Petitioners were the owners of the basement, ground, first and second floor of the property No. S-5, Green Park, New Delhi (hereinafter referred to 'the property in question'). THE four lease deeds dated 14th May 1999 executed by each of the Petitioners in favour of MTNL contained identical clauses. THE lease deeds were duly registered and executed for a period of five years, with monthly rent varying from floor to floor. Clause 1.3.1 of each of the lease deeds read as under:

(3.) ACCORDING to the Petitioners, despite several reminders, MTNL failed to reimburse the amount of house tax paid by the Petitioners in respect of the leased premises. On 6th March 2003 the Petitioners wrote to MTNL stating that they had deposited Rs. 10 lakhs towards tax payable to the Municipal Corporation of Delhi ('MCD') as against a demand of Rs. 72,37,309. The original receipts and the bill of the MCD were enclosed with the said letter. The Petitioners requested MTNL to "kindly reimburse the same to us to enable us to again deposit the part payment to MCD and there on till the final payment." This was followed by a legal notice dated 6th May 2003 issued on behalf of the Petitioners to MTNL requesting reimbursement of the house tax.