SANJAY ROY Vs. SANDEEP SONI

JUDGEMENT

(1.) This Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as A&C Act,1996) read with Sec. 13 of Commercial Courts Act 2015, has been filed against the judgment and order dtd. 1/2/2022, whereby the objections of respondent no.1 under Sec. 34 of A&C Act,1996 against the Award dtd. 2/3/2020, have been allowed and it is held that late Smt. Kalyani Roy was the absolute owner of the property in respect of which she had entered into a Collaboration Agreement with Respondent no.1 Shri. Sandeep Soni.

(2.) The facts in brief are that Shri Subhash Chand Roy, deceased father of the appellant and respondent nos. 2 to 4 i.e. Mrs. Gouri Sarkar, Mr. Amitabho Roy and Mr. Partho Sarathi Roy, was the absolute owner of property bearing No. D-603, Chittaranjan Park, New Delhi-110017, admeasuring 160 sq. yards (hereinafter referred to as the suit property). Late Shri Subhash Chand Roy executed a Will dtd. 15/3/1988, bequeathing the suit property in favor of his wife. He died on 30/1/1991 and was survived by his wife Smt. Kalyani Roy and the children i.e. the appellant and respondent nos. 2 to 4.

(3.) The legal heirs, viz. appellant- Sh. Sanjay Roy and respondent No.2 to 4 gave a "No Objection " in favour of Smt. Kalyani Roy who got the property mutated in her name vide letter No. L&DO/PSII/280 dtd. 6/4/1995. Subsequently, a Conveyance Deed dtd. 7/12/2001 was also executed by the L&DO in favour of Smt. Kalyani Roy.